No Deal Breaker
Recently, a client using a form agreement we had drafted told me that a Big, Important Customer had wanted to make changes to the agreement. It was “just boilerplate” – not financial – so the client...
View Article“Close the Door, Please.” Preventing Accidental Waiver of the Attorney-Client...
To best protect clients, we need to be sure the attorney-client relationship is clear, to avoid any potential problems that could arise during litigation. In most cases, where a client comes to you for...
View ArticleDon’t Forget the Poundage
In a recent appeal, the issue of poundage came up. The appeal involved our client, who was the plaintiff in trial court, and an appellant, who had been the defendant — and whose sizeable bank account...
View ArticleHow (Not) to Handle a Disgruntled Customer
Let’s say I have a client who does landscaping. Their customer paid for part of the job by credit card and part of it in cash and was told to wait several weeks to see how things grow. A few days...
View ArticleAtlantic v. Reddit: A Principled Stance or a Fool’s Errand?
Atlantic Recording Corp. has filed a petition in the New York State Supreme Court seeking to compel the internet message board Reddit to reveal who posted a link that directed the user to a pirated...
View ArticleCharacters and IP Law: The Personalities of Stephen Colbert
When he was on Comedy Central’s The Daily Show and The Colbert Report, Stephen Colbert committed to a character that has the same name as his. The character is a greenback conservative who keeps an...
View ArticleAre You a Nigerian Prince, or Do You Just Want My Money?
Attorneys beware: The equivalent of the so-called “Nigerian prince who has been trying to contact you” has found out where you work! Recently I received a referral for a potential client from another...
View ArticleTrump’s Confidentiality and Non-Disparagement Agreement Is Not Terrific....
Recently Buzzfeed News published a reprint of part of a non-disclosure/non-disparagement agreement between Donald Trump’s campaign and anyone who works or volunteers for it — and it made me wonder just...
View ArticleIncreased Rights for Whistleblowers in the Private Sector
A recent court decision in Kings County called Della Pietra v. Poly Prep Country Day School has expanded who can bring a cause of action under whistleblower provisions of the New York Not-for-Profit...
View ArticleCybersquatter Gets Swatted Down
They said it couldn’t be done, but Kaufman & Kahn recently not only won summary judgment against a prolific cyber-squatter, but also won an award of statutory damages and attorney’s fees. Gregory...
View ArticleYou Can Sue, But You Can’t Hide
The United States Court of International Trade was recently the setting for an action brought by a company that wished to remain anonymous. The plaintiff, referred to as XYZ Corporation, had been...
View ArticleTough Love: Another VARA Claim, Thwarted
The Visual Artists Rights Act (VARA) was passed in 1990; but, to date, only around 15 artists have brought cases in attempts to enforce the rights it protects. That’s why it was notable when earlier...
View Article“Sorry, I Didn’t Mean to Do That.”
The Supreme Court recently denied review of the Fifth Circuit’s decision in the case BWP Media v T&S Software, effectively allowing the Circuit Court’s finding (that volitional conduct is a...
View ArticleSpotify Subject to New Copyright Infringement Claim
The 19-billion dollar music streaming service Spotify found itself on the wrong end of a major lawsuit at the end of 2017. Wixen Publishing Inc. v. Spotify USA Inc. is still in the complaint phase, but...
View ArticleScience Brawl in the Southern District of New York
Late in January 2018, a judge in New York’s Southern District denied summary judgment in a case involving trade secrets. The parties in Elsevier Inc. v. Doctor Evidence LLC are scientific publishing...
View ArticleSloppy Trade Dress Is Not a Good Look
The federal Court of Appeals for the Second District of New York rendered an interesting opinion in a case about trade dress. In Diageo North America, Inc. v. W.J. Deutsch & Sons Ltd. et al., the...
View ArticleFraud and Punishment: Bad Behavior Can Come Back to Haunt You
In the case of GoPro v. 360Heros, GoPro recently moved for summary judgment against the defendant for using their photographs and trademarks in connection with 360Heros’ competing project — one that...
View ArticleLance Armstrong Settles with the USPS
On April 19, Lance Armstrong was in the news again as he reached a settlement with the United States Postal Service for $5 million in a false claims suit that sought $100 million. The case, called...
View ArticleKrusty Krab in Kourt: How Secondary Meaning Sunk a Restaurant Chain
In a recent case called Viacom v. IJR Capital, the issue centered around defendant’s plan to open a chain of restaurants called Krusty Krab — just like the fictional restaurant in Viacom’s SpongeBob...
View ArticleMetadata? The Devil (and the Credit) Is in the Details
Stevens v. CoreLogic is a copyright case recently decided in the Ninth Circuit Court of Appeals. In the case, several real estate photographers allege that CoreLogic, which provides a service to real...
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