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CONSUMER PROTECTION: A Merchant Could Be Liable for Requiring a Customer...
The Lawletter Vol 38 No 2Alistair Edwards, Senior Attorney, National Legal Research GroupSome states have statutes prohibiting a merchant from requiring its credit card customers to give or write...
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COPYRIGHTS: First-Sale Doctrine—Importation
The Lawletter Vol 38 No 4Tim Snider, Senior Attorney, National Legal Research GroupUnder the "first sale doctrine," the owner of a copyrighted item, such as a book or a recording, is free to use it,...
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CONTRACTS: Harsh Arbitration Provisions May Be Found to Be Unconscionable...
The Lawletter Vol 39 No 5Charlene Hicks, Senior Attorney, National Legal Research Group In the last few years, the U.S. Supreme Court has issued controversial opinions that allow companies that use...
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CORPORATIONS: Minority Shareholders Appraisal Rights
Tim Snider, Senior Attorney, National Legal Research Group Typically, the circumstances under which a minority shareholder in a corporation may compel appraisal and purchase of his shares by the...
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BANKING LAW: Finality—Appealability
Tim Snider, Senior Attorney, National Legal Research Group Very few principles of federal appellate practice are more fundamental than that only final judgments may be appealed. Mohawk Indus. v....
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ARBITRATION: FAA Preempts New York Statute Prohibiting Mandatory Arbitration...
The Lawletter Vol 40 No 5Charlene Hicks, Senior Attorney, National Legal Research Group In a matter of first impression, the New York Supreme Court, Appellate Term, recently ruled that a state law...
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TRADEMARKS: Effect in Court of Decision by TTAB
The Lawletter Vol 40 No 6Tim Snider—Senior Attorney, National Legal Research Group In opposed trademark registration proceedings, the administrative adjudicative body is the Trademark Trial and...
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CIVIL PROCEDURE: Right to Appeal Dismissal of Case Consolidated for Pretrial...
The Lawletter Vol 40 No 7Paul Ferrer, Senior Attorney, National Legal Research Group Federal law permits "civil actions involving one or more common questions of fact" that are pending in different...
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CIVIL PROCEDURE: Filing of Postjudgment Motion Tolls Deadline to Move for...
The Lawletter Vol 40 No 9Charlene Hicks, Senior Attorney, National Legal Research Group For a prevailing party in a civil lawsuit to obtain attorney's fees, he or she must file a motion requesting...
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LABOR LAW: More on Deflategate
The Lawletter Vol 40 No 9Suzanne Bailey, Senior Attorney, National Legal Research Group Whether you believe that quarterback Tom Brady was aware that the New England Patriots were using allegedly...
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CONTRACTS: Agreements to Negotiate Distinguished from Agreements to Agree
The Lawletter Vol 40 No 11Paul Ferrer—Senior Attorney, National Legal Research Group Courts often give voice to the black-letter principle that a so-called "agreement to agree, where [material]...
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CIVIL PROCEDURE: Scope of the Commercial Activity Exception to the Foreign...
The Lawletter Vol 41 No 1Suzanne Bailey, Senior Attorney, National Legal Research Group The Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602–1611, shields foreign governments and their agencies...
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TRADEMARKS: The Slants and the Redskins—Federal Circuit Rules That Excluding...
The Lawletter Vol. 41, No. 2Tim Snider, Senior Attorney, National Legal Research Group There has been considerable dispute about the propriety of the continuing use of the mark and name REDSKINS by...
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APPELLATE BRIEF WRITING: Mistakes Can Be Fatal to Your Case
The Lawletter Vol 41 No 5Nicole Prysby, Senior Attorney,National Legal Research Group "Judges are not like pigs, hunting for truffles buried in briefs." United States v. Dunkel, 927 F.2d 955, 956...
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BANKRUPTCY: Rejection or Assumption of Executory Contracts Under 11 U.S.C. § 365
Anne Hemenway—Senior Attorney, National Legal Research Group A personal service contract, such as one between an artist and a manager or between a recording group and a record company, may be...
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GOVERNMENT CONTRACTS: Supreme Court Decision Aids Veteran-Owned Business
Charlene Hicks, Senior Attorney, National Legal Research Group In Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016), the United States Supreme Court recently declared that the...
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CONTRACTS: Statute of Frauds No Bar to Parent’s Claim for Student Loan Repayment
Paul Ferrer, Senior Attorney, National Legal Research Group All states have a statute of frauds, based on the original Statute of Frauds enacted in England in 1677, barring actions upon some types...
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CONTRACTS—Arbitration: Nonexistence of Designated Arbitral Institution at...
Charlene Hicks, Senior Attorney, National Legal Research Group Despite the federal policy favoring arbitration, prospective plaintiffs continue to push courts to reexamine the enforceability...
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PATENT LAW: Laches Defense No Longer Available in Patent Infringement
Anne Hemenway, Senior Attorney, National Legal Research Group In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, 137 S. Ct. 954 (2017), the United States Supreme Court...
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CREDITORS RIGHTS/CONTRACTS LAW: Revoking Contractual Consent to Receive...
Charlene Hicks, Senior Attorney, National Legal Research Group In what has been termed a groundbreaking opinion, the Second Circuit recently held that the federal Telephone Consumer...
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