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February 22, 2018 | Corporate Counsel

Eco-Claims and Green Branding: The Importance of Being Earnest

As consumers are becoming more sensitive to the environment, companies are trending toward branding their goods and services with eco-friendly claims such as “carbon-neutral,” “natural” and the like.
6 minute read
December 15, 2017 | National Law Journal

WOTUS Is Caught in a Whirlpool of Litigation—Is It Coming Back Around?

Given the numerous potential twists and turns concerning this pending litigation and the timing of the proposed “two-step” repeal of the 2015 WOTUS Rule, the future of WOTUS regulation is far from certain.
5 minute read
October 24, 2017 | Insurance Coverage Law Center

Avrahami v. Commissioner: The Much Anticipated First Case Examining the Validity of a Microcaptive Insurance Company

Just over 75 years after the U.S. Supreme Court decided Helvering v. Le Gierse,[1] where the Court first considered what is required to constitute…
39 minute read
August 16, 2017 | National Law Journal

Fees in Class Action Over Moldy Washing Machines Nearly Halved

The U.S. Court of Appeals for the Seventh Circuit reduced the fees in a 2015 settlement from $4.8 million to $2.7 million. The suit alleged that front-loading washing machines made by Whirlpool Corp. and sold by Sears, Roebuck and Co. from 2004 to 2006 had a defect in their central control units and grew mold inside them. Sears estimated that the settlement, which resolved just the claims over the control units in Kenmore and Whirlpool brands, was worth about $900,000. The Seventh Circuit found a federal magistrate judge's reasoning "questionable" when she boosted the award 1.75 times what lawyers charged for their work.
14 minute read
June 30, 2017 | New York Law Journal

Designing a Coupon Settlement to Maximize Its Value

Thomas A. Dickerson writes: Although subject to criticism, there are occasions when a non-cash settlement of coupons, in whole or in part, for the purchase of good and services from the defendant may be appropriate. The courts must be particularly careful and make certain that a proposed coupon settlement is nearly as good as a cash settlement as possible.
8 minute read
May 31, 2017 | Corporate Counsel

Will In-House Lawyers Change Patent Strategies Post-'TC Heartland'?

With many celebrating the recent decision as a shake-up that may loosen the Eastern District of Texas' grip on patent infringement suits, in-house lawyers are faced with questions around if–and how–patent strategies should change.
6 minute read
May 30, 2017 | The Recorder

Will In-House Lawyers Change Patent Strategies Post-'TC Heartland'?

With many celebrating the recent TC Heartland decision as a shake-up that may loosen the Eastern District of Texas' grip on patent infringement suits, in-house lawyers are faced with questions around if–and how–patent strategies should change.
12 minute read
May 22, 2017 | Texas Lawyer

Patent Suits May Target Retailers to Stay in Texas

The U.S. Supreme Court's "TC Heartland" decision will limit where companies can file patent suits, a ruling that could undercut Texas' Eastern District.
14 minute read
May 22, 2017 | Texas Lawyer

Patent Suits May Target Retailers to Stay in Texas

The U.S. Supreme Court's "TC Heartland" decision will limit where companies can file patent suits, a ruling that could undercut Texas' Eastern District.
4 minute read
May 22, 2017 | New Jersey Law Journal

The Deadly Mistake in 'Wrongful Death' Litigation

An important review of the distinctions between a wrongful death action and a survival claim.
17 minute read

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