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Results:1-10 of 141

Eleventh Circuit Works Out Preclusion and Preemption Issues in Protein Powder Dispute
  • Proskauer Rose LLP
  • USA
  • December 13 2018

On December 4, 2018, the Eleventh Circuit partially reversed the dismissal of Hi-Tech Pharmaceuticals’ suit against HBS International Corp. for


Lanham Act Injunction Floored Where Social Media Criticisms Were Not “Commercial Advertising”
  • Proskauer Rose LLP
  • USA
  • May 21 2018

A judge in the Western District of Wisconsin recently denied a motion for a preliminary injunction that sought to prevent a customer from criticizing


ERISA’s Six-Year Statute of Repose for Fiduciary-Breach Claims Can Be Tolled
  • Proskauer Rose LLP
  • USA
  • November 1 2017

The Eleventh Circuit ruled that ERISA’s six-year statute of repose can be tolled by the parties even though it is a statute of repose. During


Eleventh Circuit Does Not Skim Over First Amendment Concerns in Labeling Milk
  • Proskauer Rose LLP
  • USA
  • June 20 2017

Be careful not to skim over potential First Amendment challenges to commercial speech regulations in labeling cases. By ‘whey’ of example, the


Wealth Management Update - June 2017
  • Proskauer Rose LLP
  • USA
  • June 7 2017

The June 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4, which is the same rate as in May. The June


No Scrubs Permitted: Eleventh Circuit Affirms Blog Post Is Not Advertising Actionable Under Lanham Act
  • Proskauer Rose LLP
  • USA
  • March 31 2017

In an interesting recent opinion, the Eleventh Circuit held that a doctor’s blog post criticizing another doctor and his clinical practice could not


Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?
  • Proskauer Rose LLP
  • USA
  • February 10 2017

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is


Eleventh Circuit Holds the ADA Does Not Mandate Reassignment Without Competition or Preferential Treatment
  • Proskauer Rose LLP
  • USA
  • December 19 2016

In EEOC v. St. Joseph’s Hospital, the Eleventh Circuit recently held that the reasonable accommodation standard under the ADA “only requires an


District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward
  • Proskauer Rose LLP
  • USA
  • September 27 2016

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the


Does an Emailed Copy of a Complaint Start the 30-Day Removal Clock?
  • Proskauer Rose LLP
  • USA
  • September 26 2016

In today’s litigation practice, a defendant often receives a copy of a filed complaint before it is formally served with the pleading. Sometimes