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Davis & Gilbert LLP New York, NY Document Search Results (41) Show: results per page Sort by:  | Congress Passes American Taxpayer Relief Act of 2012
Brian Gallagher; Davis & Gilbert LLP;
Legal Alert/Article January 11, 2013, previously published on January 2013 On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (the Act), which prevented income tax increases that would otherwise have come into effect on January 1, 2013 as part of the fiscal cliff.
| | Protect Your Tweets: A Cautionary Tale Regarding Social Media Account Ownership
Jennifer Tafet Klausner, Jason A. Roth; Davis & Gilbert LLP;
Legal Alert/Article January 11, 2013, previously published on January 2013 A recent case from the Northern District of California demonstrates the increasing importance for businesses using social media to establish clear policies notifying employees that social media accounts used in connection with their employment are company, not employee, property.
| | FTC Highly Critical of Mobile Apps’ Respect for Children’s Privacy
Allison Fitzpatrick, Alison Winter; Davis & Gilbert LLP;
Legal Alert/Article December 26, 2012, previously published on December 2012 In a highly critical report, the Federal Trade Commission (FTC) found that mobile applications (apps) have demonstrated “little progress” in addressing privacy concerns for children’s data, concluding that many of the most popular mobile apps for children fail to inform parents...
| | Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing
David S. Greenberg, C. Andrew Keisner, Marc J. Rachman; Davis & Gilbert LLP;
Legal Alert/Article December 26, 2012, previously published on December 2012 Copyright law has long recognized that an artist’s right to protect his or her creation is somewhat limited by others’ rights to make fair use of a work in a reasonable manner. Courts frequently hold that copyrighted works can be used without liability, as “fair use,” in...
| | Post-Mortem Right of Publicity under New Jersey Law Is Limited to 50 Years
Sara L. Edelman, Howard R. Weingrad; Davis & Gilbert LLP;
Legal Alert/Article December 7, 2012, previously published on December 2012 A federal district court in California has ruled that the post-mortem right of publicity under New Jersey common law lasts for no more than 50 years after the death of the individual whose rights are sought to be enforced.
| | District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits
David S. Greenberg, Neal H. Klausner; Davis & Gilbert LLP;
Legal Alert/Article December 7, 2012, previously published on December 2012 A recent ruling by a Connecticut federal court may lead to a rise in “whistleblower” lawsuits filed under the Dodd-Frank Act (the Act), which protects employees who attempt to expose corporate improprieties.
| | FDA Says Pitch Letter and Press Release Were ‘False or Misleading’
Stuart Lee Friedel, Joseph A. Sena; Davis & Gilbert LLP;
Legal Alert/Article December 3, 2012, previously published on December 2012 The Food and Drug Administration (FDA) has determined that a pitch letter to media outlets from a pharmaceutical company’s public relations firm and an accompanying press release were “false or misleading.” The pitch letter omitted important risk information associated with the...
| | Recent Cases Expand Use of “Artistic Relevance” Test as a Defense for Trademark Infringement
Dominick R. Cromartie, Marc J. Rachman; Davis & Gilbert LLP;
Legal Alert/Article November 9, 2012, previously published on November 2012 In the case Webceleb Inc. v. The Procter & Gamble Company et. al., a California federal court recently held that the use of the term “Web Celeb” as a title for an award category in the People’s Choice Awards did not infringe the plaintiff’s trademark in...
| | FTC Finalizes New Green Guides
Matthew E. Smith, Ronald R. Urbach; Davis & Gilbert LLP;
Legal Alert/Article October 23, 2012, previously published on October 2012 Two decades after the Federal Trade Commission (FTC) first issued Guides for the Use of Environmental Marketing Claims (Green Guides), and nearly five years after it began its latest review of them, the FTC has released new and updated Green Guides that offer today’s marketers important...
| | Court Finds Press Release Was a “Commercial Use” in Right of Publicity Case
Sara L. Edelman, Howard R. Weingrad; Davis & Gilbert LLP;
Legal Alert/Article October 23, 2012, previously published on October 2012 A federal district court in California has refused to overturn a jury verdict in favor of General Charles Yeager on his statutory right of publicity claim against AT&T Mobility LLC, rejecting AT&T’s argument that a press release in which Yeager’s name was used could not be characterized...
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