Weinberger

July 31, 2014 | New York Law Journal

Harold P. Weinberger, Jonathan M. Wagner, and Norman C. Simon write: Since its enactment in 1947, Section 43(a) of the Lanham Act—the federal false advertising statute—has rarely been addressed by the Supreme Court. This term, however, the Supreme Court issued two unanimous Lanham Act decisions that make it easier for plaintiffs to bring false advertising suits.

By Harold P. Weinberger, Jonathan M. Wagner, and Norman C. Simon

10 minute read

February 19, 2014 | New Jersey Law Journal

Because a marriage between civil union partners does not terminate the prior legal relationship, some couples will end up in two types of legal relationship simultaneously. What if they split up?

By Bari Zell Weinberger

7 minute read

March 02, 2009 | Legaltech News

At Lathrop & Gage, Riverbed Steelhead appliances play a crucial part in the firm's data protection by consolidating critical services and data into one central location. CIO Ben Weinberger shows how Riverbed's latest improvements meet the needs of a multilocation, 300-attorney firm.

By Ben Weinberger

18 minute read

February 02, 2009 | National Law Journal

Whatever the disaster, clients expect continued service, and they don't care about excuses. So law firms need a realistic disaster recovery plan.

By Ben Weinberger

13 minute read

March 26, 2012 | Corporate Counsel

Unless addressed promptly, false advertising can inflict damage, suppressing market share and injuring your product's sales, reputation, and standing. An aggrieved company can fight back with the Lanham Act.

By Harold Weinberger, Jonathan Wagner, and Tobias Jacoby

9 minute read

July 11, 2008 | Law.com

In February 2007 the Illinois Supreme Court in a unanimous decision held as a matter of first impression that a parent corporation could be directly liable for its negligence to the estates of two employees of its subsidiary corporation. Forsythe v. Clark USA. The Illinois Court relied extensively on the unanimous 1998 opinion of the U.S. Supreme Court in U S v. Bestfoods. Both courts limited the reach of their opinions by making explicit the common law principle that corporate shareholders are not generally liable for the acts and omissions of their subsidiaries in the absence of active involvement of the parent in those acts or omissions.

By Stanley R. Weinberger

11 minute read

May 08, 2002 | New York Law Journal

S PRODUCT X more effective than Product Y, as ABC Company claims? That is typically the key issue in Lanham Act false advertising litigation whether the advertiser`s performance claim for its product is true or false. Not surprisingly, therefore, these cases are frequently won or lost on account of the quality of the parties` product testing and the ability of either party to persuade the court that its testing is credible and its opponent`s is not. There are several factors that bear on the weight a court

By Harold P. Weinberger, Jonathan M. Wagner And Norman C. Simon

16 minute read

November 06, 2008 | Legaltech News

Two key components of a modern disaster recovery plan are backup and replication. Ben Weinberger of Lathrop & Gage describes how his firm, with sophisticated IT leadership and the right management of vendors, implemented a backup and replication plan to better weather coming storms.

By Ben Weinberger

13 minute read

November 22, 2005 | New York Law Journal

Albert J. Pinzon, a partner at Mound Cotton Wollan & Greengrass, and Thomas R. Weinberger, special counsel at the firm, write that pending bills in California and New York seeking to tighten laws regulating the settlement of life insurance policies present significant problems for the life insurance premium finance industry.

By Albert J. Pinzon and Thomas R. Weinberger

6 minute read

July 19, 2010 | New York Law Journal

Harold P. Weinberger and Jonathan M. Wagner, partners at Kramer Levin Naftalis & Frankel, and Matthew C. Temkin, an associate at the firm, write that because of the nature of false advertising litigation, expert testimony is almost always more important than fact testimony at trial. It is not uncommon for a trial to feature just one or two fact witnesses but as many as three or four or more experts for each side.

By Harold P. Weinberger, Jonathan M. Wagner and Matthew C. Temkin

16 minute read