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11,642 results found

Article

Banner Witcoff | USA | 22 May 2020

Third Time Not a “Lucky” Charm for Marcel in SCOTUS’ Decision on Defense Preclusion

On May 14, the U.S. Supreme Court unanimously decided in Lucky Brand Dungarees v. Marcel Fashions Group, No. 18-1086, 590 U.S. ___ (2020), that…
Article

Kelley Drye & Warren LLP | USA | 21 May 2020

Second Circuit Limits Copyright Damages To Three Years Preceding Suit

While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an…
Article

Robins Kaplan LLP | USA | 19 May 2020

The Second Circuit Affirms the Dismissal of Copyright Claims against Seinfeld over Comedians in Cars Getting Coffee

The Second Circuit has upheld the dismissal of a copyright suit against Jerry Seinfeld that alleged he stole the concept for his hit show, Comedians…
Article

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 14 May 2020

Second Circuit Clicks “I Agree” Affirming Website Agreement Protects Web Application from Misappropriation by Users

The Second Circuit recently considered whether using language from the Copyright Act in a website’s Terms of Use (“TOU”)—specifically, the phrase…
Article

Kelley Drye & Warren LLP | USA | 13 May 2020

Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit

While the Copyright Act has a three-year statute of limitations, most courts follow the “discovery rule,” pursuant to which “an infringement claim…
Article

Thompson Hine LLP | USA | 11 May 2020

Eleventh Circuit Agrees With Second Circuit That Individuals Cannot Revoke Bargained-For Consent Under the TCPA

On May 1, 2020, in Medley v. Dish Network, the United States Circuit Court for the Eleventh Circuit adopted the reasoning of the Second Circuit and…
Article

Cahill Gordon & Reindel LLP | USA | 7 May 2020

Second Circuit Confirms Registration To Do Business Under New York's Business Registration Statute Does Not Constitute Consent To General Jurisdiction

For the better part of the last century, companies that registered to do business under state business registration statutes were deemed to have…
Article

Buckley LLP | USA | 1 May 2020

OCC appeals judgment in NYDFS fintech charter challenge

On April 23, the OCC filed its opening brief in the U.S. Court of Appeals for the Second Circuit to appeal a district court’s final judgment in an…
Article

Goldberg Segalla LLP | USA | 30 Apr 2020

Second Circuit Reverses $59 Million Reinsurance Coverage Decision

An insurer and its reinsurer were engaged in a long-running dispute over whether the reinsurer was obligated to reimburse the insurer for amounts…
Article

Kelley Drye & Warren LLP | USA | 24 Apr 2020

Supreme Court Confirms Profits Remedy in Trademark Cases is Not Conditioned on Proof of Willfulness

Yesterday, the Supreme Court issued a much-awaited opinion holding that a plaintiff is not required to prove willful infringement in order to seek a…
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