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Category Archives: Business Litigation

NY Times Counter-Sues After Frivolous Defamation Lawsuit Dismissed

Back in 2020, Peter Brimelow was becoming increasingly concerned about the media’s portrayal of his image. According to Brimelow, at least five articles were published between Jan. of 2019 and May of 2020. In these articles, he was described as a “white nationalist,” who was “animated by race hatred.” These reportedly defamatory claims didn’t go unnoticed by Brimelow, and he decided to pursue a lawsuit against the New York Times for publishing the unfo

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Opioids Poised To Trigger Largest Litigation In American History

2018 has seen a spike in opioid-linked lawsuits in American history. The filings have been against pharmaceutical companies and their leaders as well as retail pharmacies. What makes 2018 unique, besides the number of lawsuits, are few of the lawsuits were brought by opioid victims or their

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Chris Dodd

Financial Protection Rollbacks Threaten Litigation

In November 2009, American Senator Chris Dodd proposed the Restoring American Financial Security Act. The bill required stock and insurance brokers to get registered as investment advisers with the SEC. The Senate version of the bill subjected brokers to the Investment Advisers Act of 1940. Under Dodd’s legislation brokers were bound to owe a fiduciary duty to their

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Monsanto sued in Los Angeles County for false advertising

Monsanto Sued In Los Angeles for False Advertising

Monsanto is still dodging a lawsuit filed in Los Angeles County, California. This lawsuit claims Monsanto is guilty of false advertising. They claim arose from television ads which claimed glyphosate, the active ingredient in Roundup, targets enzymes found only in plants and not mammals. Monsanto claimed Glyphosate is harml

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Cell phone customers can download ringtones from the Internet or their cell phone service provider, such as Verizon

In re Cellco / Verizon (USA v. ASCAP): Behind the District Court Ruling that Customer Use of Ringtones Does Not Constitute a Public Performance

On October 14, Judge Denise Cote of the Southern District of New York ruled that a cell phone service provider does not need a public performance license when it provides ringtones to its customers. The Copyright Act provides the owners of musical compositions are entitled to license fees when their works are "publicly" per

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HOA rules ban ‘For Sale’ signs

When Denise Hicks decided to sell her Lebanon home, she put a for sale sign in the front yard.A few days later she got a letter from the Home Owners Association warning her to take it down or risk being fined. According to the Spence Creek HOA, for sale and rent signs are prohibited. So are advertising flyers and posters and billboards of any kind. Hicks contracted with long time read more

Has the Roberts Court Killed Class Actions?

The Nation recently made the claim that the Supreme Court has made it virtually impossible to file a class action lawsuit. As evidence, several key cases were cited from the 2010-2011 term which are said to have had “far-reaching” implications on other would-be litigants who want to come together to pursue claims against big companies.  The cases included Wal-Mart v. Dukes

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Lane v. Facebook: Privacy Class Action Settlement Requires Facebook to Pay $9.5 Million, but Provides No Direct Benefits to Most Plaintiffs

Consumers who believe they have suffered an injury from a large corporation get excited when they hear that a class action has been filed to requite the wrong. What they often don't realize is that if the class action is successful, it may well result in a settlement that will provide them l

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Alamar Ranch v. Boise District Court Rules that an Employee Waived the Attorney-client

Alamar Ranch v. Boise: District Court Rules that an Employee Waived the Attorney-client Privilege for Emails She Sent to Her Counsel from Her Work Computer

On December 17, we reported on the Convertino case in which a judge found that the attorney-client privilege was not waived for emails exchanged on an employer's netw

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UMG Recordings v. Augusto First Sale Doctrine Protects Reseller of Promo CDs

UMG Recordings v. Augusto: First Sale Doctrine Protects Reseller of Promo CDs

Living on the west side of Los Angeles puts me smack in the middle of the entertainment industry. I have often seen promotional copies of DVDs of TV shows and feature films or music CDs being exchanged at parties, and even seen stacks of these being left out by the side of the street for trash pickup. Studios and labels don't want this

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