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Court Watch
Circuit Court Reinstates Dealer's Defamation Claims Against Manufacturer
In Sleepy's LLC v. Select Comfort Wholesale Corporation, Bus. Franchise Guide '15,466 (2nd Cir. Feb. 27, 2015), the Second Circuit reinstated a dealer's slander claims against a manufacturer. After the dealer had received reports that the manufacturer's sales staff was making defamatory comments about the dealer and its products, it hired secret shoppers to investigate. The manufacturer's sales staff allegedly then made defamatory comments to the secret shoppers during their investigations. Sleepy's serves as a reminder that manufacturers must properly train their sales staff about the risk of defamation liability, including instruction on the difference between what is permissible puffing/sales talk and what is not.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.