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Gender Discrimination Claims Trump Dismissal For Cause

April 30, 2013

The 2nd Circuit last week reversed a summary judgment dismissal of Plaintiff’s Claims for gender discrimination, sexual harassment and retaliatory dismissal. In Mihalik v. Credit Agricole Cheuvreux North America, Inc. the Court found that although evidence of Plaintiff’s poor work performance supported her termination, there was also sufficient evidence of a hostile work environment such that a … More Gender Discrimination Claims Trump Dismissal For Cause

Stored Communications Act Update: Yahoo Wins Appeal

April 22, 2013

The Stored Communications Act “SCA” prevents unlawful access to stored electronic communications to promote freedom of expression and enhance subscriber privacy. The penalty for failing to comply with the SCA can result in a fine and/or imprisonment not to exceed 5 years for the 1st offense. There are exceptions permitting disclosure for a variety of … More Stored Communications Act Update: Yahoo Wins Appeal

Don’t Trust Your Lawyer’s Billing?

April 18, 2013

That’s how the Viewabill post, http://venturebeat.com/2013/04/13/dont-trust-your-lawyers-billing-try-viewabill/, in VentureBeat began. Even if viewabill is a reliable software product encouraging billing transparency, I can’t help wondering why a client would even consider using a law firm that can’t be trusted to render an honest and accurate account. Of all the trusted advisor relationships that of attorney-client should … More Don’t Trust Your Lawyer’s Billing?

Broadcasters Lose Their Copyright Infringement Appeal

April 9, 2013

Plaintiffs ABC and WNET head a list of Broadcasters who appealed from an Order of the New York Federal District Court denying their request for a preliminary injunction against Defendant Aereo, Inc. (“Aereo”) for copyright infringement claiming that its transmission of their broadcasts, while their programs are still airing, infringes upon their exclusive right to … More Broadcasters Lose Their Copyright Infringement Appeal

Contributory Copyright Infringement By Inducement

March 25, 2013

Another recent 9th Circuit Court of Appeals case addressed contributory copyright infringement, in this case under the theory of inducement. Here, the Plaintiff movie studios sued the Defendant for maintaining websites that induced third parties to download infringing copies of the studios copyrighted works. The Federal District Court granted an injunction at the Summary Judgment … More Contributory Copyright Infringement By Inducement

Attorneys’ Fees Awarded in Fair Use Litigation

March 19, 2013

Some lessons are learned the hard way. Recently SOFA Entertainment Inc. “SOFA” was taxed attorneys’ fees and costs in the amount of $155,000 as a result of their losing copyright infringement lawsuit. Plaintiff SOFA had brought suit against Defendant Dodger Productions Inc. “Dodger” for its use of a 7-second clip of the Four Season’s ’60s … More Attorneys’ Fees Awarded in Fair Use Litigation

Copyright Infringement Requires Copying

March 13, 2013

Sounds simple enough, but finding evidence to prove actual copying is oftentimes elusive. A recent case published from 4th Circuit, BUILDING GRAPHICS v. LENNAR CORP, determined proof of access for copying protected materials as being a linchpin for copyright infringement. Plaintiff Building Graphics, Inc., a Charlotte based architecture firm, appealed from a Summary Judgment “SJ” … More Copyright Infringement Requires Copying

Negative Goodwill: The Law Of Unintended Consequences

March 6, 2013

Today, I’ll address a concept in business that I’ve labeled negative goodwill. An important concept in trademark law and business, goodwill is that intangible benefit a business derives from its reputation for providing quality products and services that consistently deliver the value promised.  An added feature of the branded product or service is the goodwill … More Negative Goodwill: The Law Of Unintended Consequences