Bit Parts
August 02, 2015
Film Director Isn't Author of Movie<br>'Grupo Miramar' Trademark Infringement Claim Prevails, But Not Claims for Counterfeiting or Intentional Interference<br>
How to Determine a Diligent Job Search
August 02, 2015
If a recipient spouse in a divorce action is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award.
Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.
Vendor Limitations of Liability for Security Breaches
August 02, 2015
Counsel advising companies on vendor contracts are in a tough spot. Cybersecurity risks presented by data outsourcing demand increasing attention and resources. At the same time, outsourcing of data to third-party vendors has become, in many instances, a business necessity.
Court Watch
August 02, 2015
Court Awards Franchisor Attorneys' Fees in Trademark Infringement Action Against Competitor <br>
Navigating Insurance Coverage Issues in Med Mal Litigation
August 02, 2015
For a physician or other health care defendant, being sued for medical malpractice is stressful. The saving grace for many is the financial safety net of liability insurance to cushion the blow and avoid monetary ruin for a physician or hospital. However, every net ' including a safety net ' has holes.
<i>Abercrombie</i> Decision Raises the Bar for Accommodating Employees of Faith
August 02, 2015
In early June, the Supreme Court issued its decision in <I>EEOC v. Abercrombie.</I> The case raised the question of whether an employer must have actual knowledge of the religious nature of an employee's practice to be found liable for discrimination under Title VII for denying employment based on that practice. The short answer is no.
Browse, Click, Sign, Enforce?
August 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice. However, that standard practice does not easily translate to online legal agreements ' the agreements that are native to websites, mobile apps and other digital platforms such as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers.
<i>En Banc</i> Ninth Circuit Overturns Injunction In Anti-Islamic Video Case
August 02, 2015
More than a year after a divided panel of the Ninth Circuit issued a controversial and roundly criticized decision in <i>Garcia v. Google</i> that an actress appearing in a five-second segment of a film could use copyright law to force YouTube to remove the film from its website, the Ninth Circuit sitting <i>en banc</i> has rejected the panel's decision.
