Articles

07.20.17

Native Americans End Trademark Dispute With Redskins

In light of the Supreme Court’s opinion in Matal v. Tam, a group of Native Americans agreed to drop their litigation against the Washington Redskins football team, ending a dispute that has lasted more than two decades.The case began in 1992 when a group of Native Americans brought a ...


07.19.17

Breaking Into the D.C. LIHTC Affordable Housing Market

As demand for affordable housing in Washington, D.C. continues to rise, investors may show increased interest in breaking into the city’s Low Income Housing Tax Credit market. However, investors must comply with D.C.’s Tenant Opportunity to Purchase Act in order to do so, which can ...


07.13.17

Supreme Court: Trademark Disparagement Clause Violates First Amendment

By Michelle A. Cooke, Co-Chair, Intellectual PropertyWhy it matters: On June 19, 2017, the Supreme Court held in Matal v. Tam that Section 2(a) of the Lanham (Trademark) Act—commonly known as the “disparagement clause”—violates the First Amendment.Detailed ...


07.13.17

Ninth Circuit: Federal Copyright Pre-empts California Publicity Right

By Michelle A. Cooke, Co-Chair, Intellectual PropertyWhy it matters: On April 5, 2017, the Ninth Circuit ruled in Maloney v. T3 Media Inc. that federal copyright law pre-empted the state law right of publicity claims of two former NCAA student athletes who had argued that ...


07.10.17

Bank Holding Company Execs Not Entitled to Insurance Coverage

By Ivan L. Kallick, Partner, BankruptcyIs a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth Circuit, has ruled, finding that ...


07.07.17

FTC Updates COPPA Compliance Guidance

By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn an effort to reflect developments in the marketplace, the Federal Trade Commission (FTC) announced revised compliance guidelines for the Children’s Online Privacy Protection Act (COPPA) and the agency’s COPPA ...


07.06.17

Now Is Not the Time for Democrats to Bail on Nancy Pelosi

U.S. Rep. Kathleen Rice (D-Garden City) has boldly called for Rep. Nancy Pelosi (D-San Francisco) to step down as House minority leader, tweeting, "It's time for Nancy Pelosi to go."   Rice was quoted in The New York Times on the GOP playbook of attacking Pelosi, "Is it ...


07.06.17

Reaching Customers Through Ringless Voicemail: A Legal Perspective

Ringless voicemail technology is a way for businesses to contact consumers without interrupting them on their mobile phones. Also known in the CRM industry as voice drops, v-drops and direct drops, this technology allows businesses to leave messages on a consumer’s voicemail box without ever ...


06.28.17

Spotlight on the False Claims Act June 2017

By John F. Libby, Partner | Jacqueline C. Wolff, Partner | Kenneth B. Julian, PartnerWhy it matters: On May 30, 2017, the Department of Justice announced that Medicare Advantage Organization (MAO) Freedom Health Inc. and nine of its related entities, as well as its former chief operating officer, ...


06.28.17

Nice Guys (Get to Keep Their Property After All)

"Nearly half-a-century ago, the California Supreme Court decided Gion v. City of Santa Cruz, 2 Cal. 3d. 29 (1970). In that case, the court expanded the concept of 'implied dedication' beyond the bounds that had previously contained it. After Gion, evidence that, for a period of ...