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Article

Mintz | USA | 19 Nov 2018

TCPA Class Action Update: Who Makes the Rules - the FCC or the Trial Courts?

Last week, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc. This case presents

Article

Skadden Arps Slate Meagher & Flom LLP | USA | 4 Jun 2018

The E-Discovery Digest - June 2018

The 10th edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and

Article

Jones Day | USA | 17 Apr 2018

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First

Article

Shawe Rosenthal LLP | USA | 2 Apr 2018

Supreme Court Finds Service Advisors to Be Exempt from Overtime

On April 2, 2018, the U.S. Supreme Court issued its decision in Encino Motorcars, LLC v. Navarro, holding that auto service advisors are exempt from

Article

Littler Mendelson PC | USA | 9 Sep 2016

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its

Article

Burr & Forman LLP | USA | 30 Aug 2016

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that

Article

Adams and Reese LLP | USA | 22 Aug 2016

Too Clever by Half: Bankruptcy Court Re-characterizes Debt Owed to Insider as Equity

In a new, unpublished decision in the U.S. Court of Appeals, the Fourth Circuit affirmed a bankruptcy court’s order re-characterizing a portion of a

Article

Baker McKenzie | USA | 19 Jul 2016

Lanham Act. Standing. Fourth Circuit vacates district court holding dismissing false association and false advertising claims for lack of standing and remands for further proceedings consistent with the opinion.

Since the 1970's, Bayer Consumer Care AG (collectively with Bayer HealthCare LLC, "Bayer") have owned the trademark "FLANAX" in Mexico and other

Article

Katten Muchin Rosenman LLP | USA | 4 Nov 2011

Fourth Circuit holds that contractual language does not compel court to grant equitable relief

The U.S. Court of Appeals for the Fourth Circuit recently affirmed the denial of a preliminary injunction motion by Bethesda Softworks, LLC, finding that the district court did not abuse its discretion by looking to factors outside of the agreement between the parties in ruling on the motion.

Article

Fredrikson & Byron PA | USA | 2 Nov 2011

A cautionary tale about telling the truth at the USPTO

In Firehouse Restaurant Group, Inc. v. Scurmont LLC, Civil Action No. 4:09-cv-00618-RBH (D.S.C. Oct. 17, 2011), Firehouse Restaurant sued Scurmont, dba Calli Baker’s Firehouse Bar & Grille, for, among other things, infringement of Firehouse Restaurant’s registered FIREHOUSE mark.

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