Palin Enterprise, Associated leased a portion of its commercial business to Agile Trade-Show Furnishings. In the lease agreement, Palin required Agile to procure a liability insurance policy but did not require the policy to be the primary liability coverage. When an Agile employee was injured using a freight elevator on the leased property, Agile’s insurance company Wausau declined to defend Palin because the policy provided excess insurance only.
A Risk Alert issued by the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations calls out specific electronic messaging covered by the Advisers Act Rule 204-2. The rule requires investment advisors and personnel to keep “originals of all written communications received and copies of all written communications sent” related to specific business activity. In addition, the alert draws attention to advisors who links to information on their social media pages.
Imitation is the highest form of flattery . . . until it crosses the line into trademark and trade dress infringement. Off-White, labeled by Lyst magazine as the “hottest fashion brand in the world”, alleged a Brooklyn children’s clothing company, Brooklyn Lighthouse, has been selling products with identical or very similar logos and marks as Off-White.
Doral Juvenile Group faced a lawsuit by Nicole and Cameron Hinson when their one-year-old child suffered injuries while seated in a forward-facing car seat allegedly designed, marketed and sold by Doral. Schiff Hardin, L.L.P, a law firm, represented Doral who was self-insured for up to $6 million. Doral carried a policy of excess insurance for liability from $6 million to $25 million with Ironshore Europe DAC.
When Dave & Buster’s reduced hours for 1200 full-time employees in an attempt to avoid the ACA employer mandate, an employee filed a class action lawsuit in a federal district court in New York 
This year we’ve linked to multiple cases sorting out the consequences for not maintaining an ADA accessible website. The U.S. Department of Transportation (DOT) set website accessibility requirements for U.S. or foreign air carriers with a website and at least one aircraft seating more than 60 passengers.
For more than two years, a technology analytics company defended itself from litigation filed by a plaintiff alleging deceptive practices and unjust enrichment. In that time, t
The University of Maryland, College Park, negotiated a collective bargaining agreement (CBA) with the Union representing its employees. The CBA provides guidelines and time limits for discipline of employees but specifically states the time limits do not apply to the University’s Notice Termination Policy. As an at-will employment state, Maryland allows the employer or employee to terminate employment at any time. The University followed the CBA’s guidelines for disciplining an employee who was terminated in accordance with the Notice Termination policy three months later.
According to a recent article in Bloomberg, male financial sector leaders revealed their plan to
In addition to resolving 141 lawsuits in 2018, the EEOC also reduced its backlog of discrimination charges and facilitated approximately $505 million in compensation. The organization didn’t focus entirely on litigation this year, however. It also conducted over 300 Respectful Workplace training programs which reached nearly 400,000 people.
Jacob Kent, a former sales representative for Great American Opportunities (GAO), allegedly solicited business from GAO’s customers after he left the company. GAO brought claims against Kent under Defend Trade Secrets’ Act (DTSA). Kent argued the DTSA claims, as well as the tortious interference claim, were barred by the economic loss rule.
Before you purchase a drone for use in your business, talk to your insurance agent. Holly Cal Production, a photography company, learned their general liability policy’s exclusion for injuries resulting from the “ownership, operation or use of an aircraft” included their drone after an accident caused a permanent eye injury to the guest of an event they were photographing.
As streaming podcasts increases, podcast producers should be aware of the permissions needed in order to use music in their productions. Universal Music sued a podcaster in late November for alleged use of their music with a license although Universal Music attempted repeatedly to get the podcaster to negotiate a license. Unlike public performances, podcasters need permission from both the copyright holder of both the musical composition and the recorded performance.
Employers found some relief in a recent Tenth Circuit case which ruled that “…the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts which occur after the employee has left employment.” The ruling comes in the case Potts v. Center for Excellence in Higher Education, Inc., No. 17-1143 (10th Cir. Nov.
A woman filed charges against her employer, the Guilford County Sheriff’s Office, after she received a disciplinary sanction that prevented her from receiving a promotion.
In November, the U.S. Court of Appeals for the Fifth Circuit examined whether the Secretary of Labor has the authority “to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer’s employees.” By concluding he does have that authority under the Occupational Safety and Health Act, the Court reversed the Final Order of the Occupational Safety and Health Review Commission.
Hyunju Song, founder and Ceo of Puroon, Inc., developed a “Memory Book”, which it described as “an all-in-one convertible photo frame, album, and scrapbook”.
When Credit Bureau of the South contacted Ms. Davis in an effort to collect a debt from her, they violated the FDCPA’s rule prohibiting the use of false or misleading information to collect a debt. The company had not acted as a credit reporting agency for years before it contacted Ms. Davis and its name violated the policy.
When an imposter of Daewoo, an importer and exporter of chemicals, contacted Daewoo’s customer, Allnex, to request payment to a “new” Wells Fa
What do alcoholic beverages and Mattel’s iconic BARBIE® doll have in common? According to Mattel, Paris Distilling Company, LLC’s trademark application for its OLD BARBEE mark is too close to its BARBIE® trademark and would dilute the BARBIE® brand. Mattel filed an opposition with the United States Patent and Trademark Office last month.