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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.
In June 2005, Sleepy's and Select Comfort executed a written dealer agreement under which Sleepy's was to sell the Personal Preference line of Sleep Number beds manufactured by Select Comfort. Select Comfort would continue to sell its own Core line beds from its company-owned stores. The Personal Preference and Core lines differed in several significant respects, such as their foundations and the types of controls they used to adjust bed firmness.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.