September 2017 / 42 posts found

Franchise Litigation Rising Over Dietary Considerations – JD Supra (press release)

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Rising concerns over food sourcing and preparation is leading to more and more litigation for restaurants and franchises. Most of the lawsuits claim discrimination, which makes sense as many dietary strictures are rooted in religious tradition. Other restaurant lawsuits are based on disability discrimination, as some plaintiffs suffer physical hardships when their dietary needs are not met, or are blatantly ignored. Then there are franchisor-franchisee lawsuits, generally over how restaurants are allowed or not allowed to market, and regarding suppliers of specialty foods. Here’s a closer look at the litigation menu: First Course, Gluten Free Recently, a living-history museum in […]

Judge rules Yahoo must face litigation from data breach victims after more than ONE BILLION users ha…

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A US judge said Yahoo must face nationwide litigation brought on behalf of more than one billion users who said their personal information was compromised in three massive data breaches. Wednesday night’s decision from US District Judge Lucy Koh in San Jose, California, was a setback for efforts by Verizon Communications Inc, which acquired Yahoo’s Internet business in June, to limit potential liability. The breaches occurred between 2013 and 2016, but Yahoo was slow to disclose them, waiting more than three years to reveal the first.  Revelations about the scope of the cyber attacks prompted Verizon to lower its purchase […]

Training Could Have Helped These Companies Avoid Litigation

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Yesterday’s Advisor highlighted a few legal cases that serve as reminders that antidiscrimination and antiharassment training is essential for employers that want to avoid becoming a defendant. Today, we present a few more costly examples of cases that proper training could have averted. In another sexual harassment case, the Equal Employment Opportunity Commission (EEOC) filed suit against Moreno Farms, a produce and packing operation in Florida. The agency claimed that two of the owner’s sons and another male supervisor engaged in graphic acts of sexual harassment against five female employees. The employees were regularly groped, propositioned, and threatened with termination […]

Think Tank: Litigation Trends Brands Need to Know Now to Mitigate Risk – WWD

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A recent study by legal research organization Acritas found that U.S. companies spend, for every dollar of revenue, nearly triple the amount on legal services than their counterparts around the globe. Unfortunately, doing business in the U.S. comes with increased risk and exposure to unanticipated litigation, which raises the underlying “cost” of doing business. Here, we highlight several litigation and enforcement trends that are currently plaguing this sector with an aim of providing retail brands with the foresight needed to attempt to avoid certain issues. Giuliano Iannacone  Courtesy image. ADA Web Site Accessibility With e-commerce and mobile platforms at the […]

Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims

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In early August, legal data analytics firm Lex Machina released its first Commercial Litigation Year in Review report, which identifies trends and highlights in commercial litigation filed in U.S. district courts between 2009 and 2017. Although the recent Lex Machina report focuses mainly on cases involving breach of contract or business torts, there appears to be a significant overlap between commercial litigation and intellectual property claims, which may help inform IP counsel on what to expect when engaging in such cases at the district court level. One of the first few interesting takeaways from the Lex Machina report is that […]

When does “litigation” become sufficient to trigger litigation privilege?

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This decision is perhaps of greater interest for the discussion on litigation privilege in the context of investigations – something which was not pleaded in the recent RBS litigation (dealing with the scope of legal advice privilege). It was common ground that communications between parties or their solicitors and third parties for the purpose of obtaining information or advice in connection with existing or contemplated litigation attract litigation privilege so long as: the litigation is adversarial, not investigative or inquisitorial; litigation is in progress or reasonably in contemplation; and the communications are made with the sole or dominant purpose of […]

Right to Privacy: Lawyers expect spurt in privacy-related litigation – Business Standard

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Legal experts expect a spurt in privacy-related litigation following the Supreme Court (SC) verdict. “Every government action could now be challenged in a court, if it is seen as violating a person’s privacy,” says cyber law expert and SC advocate Pavan Duggal. For instance, if a person gets a call on his/her mobile or a WhatsApp message from a state-owned entity, which is seen as violative of a person’s privacy, the government arm and the state could both be taken to court. “This could not have been done earlier, as the fundamental right to privacy had […]

Litigation ban leaves civil rights center future in question

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CHAPEL HILL, N.C. (AP) – The civil rights center at the University of North Carolina that helps the poor and disenfranchised can no longer litigate cases – a move that supporters say jeopardizes the center’s future. The policy-making board of the UNC system voted overwhelmingly Friday to ban litigation by the UNC Center for Civil Rights, which handles issues such as school desegregation and environmental justice. Board members maintained that the vote didn’t show a lack of support for civil rights, saying legal clinics can handle similar cases. “This is not a vote one way or the other on the […]

Minimising risk of litigation – The Star Online

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THE letter “Caught in dilemma of medical defence insurance” (The Star, Sept 4) is referred. Medical Defence Malaysia Berhad (MDM) is the first local medical defence organisation (MDO) that offered occurrence-based indemnity to Malaysian doctors from 2002 till 2016. Effective January 2017, MDM ceased to offer occurrence-based indemnity in view of the increased litigation rate and the high and increasing court awards. MDM now offers claims-made indemnity. Indemnity provided by MDM is strictly for the doctor as dictated by the concept that a medical practitioner practised under a contract of service in his capacity as an independent contractor with a […]

Initial Coin Offerings Set Stage for Litigation Wave – Bloomberg BNA

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By Michaela Ross Initial coin offerings are attracting billions of dollars in financing, a growing pool of unsophisticated investors, and increased regulatory scrutiny. That’s a recipe for a wave of private litigation, financial services and commercial litigation attorneys and policy researchers analysts told Bloomberg BNA. The nascent technology is drawing legal scrutiny as it becomes an increasingly popular way to raise money. Instead of selling shares of stock, as in initial public offerings, more and more companies are selling digital coins or tokens in initial coin offerings that can represent ownership shares, currencies, or be redeemed for a good or […]