August 31, 2021 The U.S. Court of Appeals for the Fifth Circuit recently reversed the dismissal of a Lanham Act claim brought by a prominent personal injury law firm (Adler) against a lawyer referral service who was purchasing Google keyword ads for the plaintiff’s trademarks. Jim S. Adler, P.C. v. McNeil Consultants, L.L.C., No. 20-10936, […]

August 24, 2021 The U.S. District Court for the Southern District of New York has rejected the argument that embedding a link to a video does not “display” that video within the meaning of the Copyright Act. Nicklen v. Sinclair Broad. Grp., Inc., No. 20-CV-10300 (JSR), 2021 U.S. Dist. LEXIS 142768 (S.D.N.Y. July 30, 2021). […]

August 18, 2021 The U.S. Court of Appeals for the Fifth Circuit recently held that a Commercial General Liability insurance policy required the insurer to defend Houston-based Landry’s Inc. in a $25 million data breach case brought by its credit card processor. Landry’s, Inc. v. Ins. Co. of the State of Pa., No. 19-20430, 2021 […]

September 29, 2020 Walmart has a certain reputation regarding the manner in which it deals with its suppliers and service providers. Therefore, no one was particularly surprised when the facts came out at trial about a fixed fee agreement and Walmart’s almost instantaneous demands that additional work be done outside the scope of the contract […]