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Adobe PDFSouthern District of New York Deepens Internal Split Over Loophole in Bankruptcy Safe Harbor for Capital Markets Transactions
Joaquin M. C De Baca, Joel Moss, Brian Trust; Mayer Brown LLP;
Legal Alert/Article
January 29, 2014, previously published on January 24, 2014
The Bankruptcy Court for the Southern District of New York recently held in Edward S. Weisfelner, as Litigation Trustee of the LB Creditor Trust v. Fund 1., et al. (In re Lyondell Chemical Company, et al.) (“Lyondell”), that section 546(e) of the Bankruptcy Code does not bar fraudulent...


HTMLDC Circuit Reinstates KV Lawsuit Over MAKENA and Compounded 17p in Light of Cook Decision and DQSA
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 13, 2014, previously published on January 9, 2014
With primary briefing over, and a December 13, 2013 Oral Argument before Judges Griffith, Kavanaugh and Randolph concluded, we were waiting with bated breath for the U.S. Court of Appeals for the District of Columbia Circuit to rule on K-V Pharmaceutical Company’s (“KV’s”)...


HTMLSlip and Fall at Grapevine Mills Mall
Jeffrey H. Rasansky; Rasansky Law Firm;
Legal Alert/Article
January 6, 2014
Have you been hurt or injured by a slip and fall at Grapevine Mills Mall (located in Grapevine, Texas)? You may be able to recover compensation for your injuries.


HTMLDecision on Opposition Set Aside and Application for Trade-mark Refused
Borden Ladner Gervais LLP;
Legal Alert/Article
December 3, 2013, previously published on November 27, 2013
This is an appeal of a decision of the Registrar of Trade-marks (the Registrar) denying the opposition by International Stars to the registration of the trade-mark ZENERGY BY/PUR SIMON CHANGE & Design (the Mark) in association with sport clothing. International Stars alleged confusion between...


HTMLBreathableSacks Choking Hazard Prompts Product Recall
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
November 28, 2013, previously published on November 27, 2013
BreathableBaby has issued a recall for 15,000 BreathableSacks, a sleeveless wearable blanket for infants. The blankets were found hazardous after it was discovered that the zipper pull tabs and sliders detatch, posing a choking hazard to infants. According to the US Consumer Product Safety...


HTMLLack of Evidence of Intent to Use Dooms an “ITU” Trademark Application
Andrew Baum; Foley & Lardner LLP;
Legal Alert/Article
November 4, 2013, previously published on November 1, 2013
The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any genuine intent to use the mark in commerce at the time he filed...


HTML“So You’re Saying There’s A Chance...”: Yellowstone Injunctions Alive and Well in the Commercial Division
Rena Andoh, Molly Masenga; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
November 1, 2013, previously published on October 29, 2013
In Burlington Coat Factory of N.Y., LLC v. Majestic Rayon Corp., No. 652511/2012, the Supreme Court (J. Kornreich) granted plaintiff Burlington Coat Factory’s (“Burlington”) motion for an injunction to stay and toll the expiration of a thirty-day default cure period and enjoin the...


HTMLThe New Catwalk Experience: New York Tightens Laws for Underage Models
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
November 1, 2013, previously published on October 28, 2013
Last week, New York toughened its child labor law protections for models under the age of 18 by passing New York Senate Bill No. 5486. Signed by Governor Andrew Cuomo, the law is set to go into effect within the next month and will significantly impact designers in preparing for New York Fashion...


HTMLGarbo Would Be Happy: "Do Not Track Bill" Signed Into Law
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
October 17, 2013, previously published on October 15, 2013
Greta Garbo, as Grusinskaya in Grand Hotel, was famous for saying: “I want to be alone, I just want to be alone.” On Friday September 27, 2013, Governor Jerry Brown signed A.B. 370, which requires an operator of a website or online services that collects “personally identifiable...


HTMLMaterial Breach May Have Voided Confidential Settlement Agreement, Court Finds
Morrison Cohen LLP;
Legal Alert/Article
September 27, 2013, previously published on September 24, 2013
In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...


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