Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







Document(s) published by this organization: 600


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HTMLMake-Whole Momentum Halted: Third Circuit Rejects Momentive Rationale and Requires Debtor to Pay Make-Whole Premium
Kaitlin Rose Walsh; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on November 28, 2016
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold that a debtor cannot use a voluntary Chapter 11 bankruptcy filing to escape liability...

 

HTMLNew York City Enacts Nation’s First Freelance Worker Protection Law
Michael Scott Arnold, Brie Kluytenaar; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 5, 2017
As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers. On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t Free Act, which will go into effect on May 15, 2017. This new law...

 

HTMLU.S. Supreme Court to Hear Arguments on January 18, 2017 in “The Slants” Case.
Susan Neuberger Weller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 11, 2017
As we reported to you last September, the U.S. Supreme Court agreed to hear the case involving the constitutionality of the provisions of the Lanham Act upon which the U.S. Trademark Office relied to deny registration of the rock band name “The Slants.” The hearing before the Court is...

 

HTMLThe Use of Experts in International Arbitration: Tribunal-Appointed Experts
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on December 14, 2016
In international arbitrations, litigators from the U.S. often find a bit of the familiar mixed in with equal or greater bits of the unfamiliar. One of the elements of international arbitration that is typically unfamiliar to U.S. litigators is the phenomenon of Tribunal-appointed experts in lieu of...

 

HTMLThe Future of the ACA Week 5: The Rep. Tom Price Plan(s)
Alden J. Bianchi, Edward Lenz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 11, 2017
This week continues our survey of key Republican proposals to “repeal and replace” the Affordable Care Act (ACA). In the past two weeks, we have reviewed the Trump/Pence transition plan, entitled “Healthcare Reform to Make America Great Again,” and House Speaker Paul...

 

HTMLNegligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says Second Circuit
Michael Scott Arnold, Robert Sheridan; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 3, 2017
The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a USERRA case. But the Second Circuit went even...

 

HTMLThe Use of Experts in International Arbitration: Preparing the Expert Witness to Give Oral Testimony
Gilbert Alan Samberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on December 14, 2016
An expert witness obviously should be thoroughly prepared to give oral testimony in an adversarial proceeding, and frankly that can best be done by counsel. Is that always permitted in international arbitrations? (This is part of a series of posts and articles offering advice “from the...

 

HTMLPizza! Pizza!: Little Caesar’s Repeated Term Slogans Are Not a “Family of Marks”
Susan Neuberger Weller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 12, 2017
Although most people will recognize the ubiquitous PIZZA! PIZZA! slogan mark owned by the pizza chain Little Caesar’s, the company’s collection of repeated term marks does not rise to the level of a “family of marks” according to the Trademark Trial and Appeal Board. In a...

 

HTMLTrademark Trial and Appeal Board: Non-Spanish Speakers Would Confuse PATRON and PORTON Trademarks
Susan Neuberger Weller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on January 10, 2017
In a non-precedential opinion, the U.S. Trademark Trial and Appeal Board cancelled two US trademark registrations for the mark PORTON, finding it to be confusingly similar to the mark PATRON. Patron Spirits International AG v. Pisco Porton, LLC, Cancellatio No. 92059527 (January 4, 2017). PORTON is...

 

HTML“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules
David Louis Barres; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 26, 2017, previously published on December 23, 2016
In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited Procedure Rules, effective March 1, 2017, which will comprise the...

 


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