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Documents on Alternative Dispute Resolution, Manufacturing, Advertising & Marketing
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|N.J. District Court Refuses to Dismiss False Advertising Suit|
Arthur S. Garrett, Robert S. Niemann, Jacquelyn L. Thompson; Keller and Heckman LLP;
July 10, 2013, previously published on July 8, 2013On June 12, 2013, the U.S. District Court for the District of New Jersey denied Tropicana’s motion to dismiss a false advertising suit. In Lynch v. Tropicana Products, Inc., the plaintiffs alleged that the juice’s label falsely claimed that its modified...
|NHTSA Successfully Defends Its Roof Crush Resistance Strength Requirements|
Crowell Moring LLP;
April 4, 2013, previously published on March 29, 2013On March 28, 2013, the Sixth Circuit reinforced the high bar a petitioner faces in contesting rules issued by the National Highway Traffic Safety Administration (NHTSA), rejecting a trucking trade organization's challenge to 2009 roofing safety standards promulgated by the agency.
|Court Reinforces Validity of Class Action Waivers and Arbitration Agreements|
Molly T. Cusson, Thomas E. Gilbertsen, Ari N. Rothman; Venable LLP;
October 26, 2012, previously published on October 25, 2012The California Court of Appeals’ October 16, 2012 decision in Sherf v. Rusnak/Westlake, et al. invalidates a California law prohibiting class action waivers in consumer contracts. Under this ruling, marketers, including online marketers, may use arbitration waivers to compel arbitration and...
|Equitable Mootness and Arbitration: First Impressions in the Ninth Circuit|
Peter J. Benvenutti, Mark G. Douglas, Paul D. Leake; Jones Day;
April 26, 2012, previously published on March/April 20122012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit. The court of appeals sailed into uncharted bankruptcy waters twice already this year in the same chapter 11 case. On January 24, the court ruled in In re Thorpe Insulation Co., 2012 WL 178998 (9th Cir. Jan. 24,...
|Counsel to Counsel Magazine -- September/October 2009 Complete Issue|
Counsel to Counsel Article
November 10, 2009"The traditional model is, you have a matter and you either do it yourself or you hand it over," Mark Sifferlen, a senior in-house counsel at Cummins Inc., tells us in one of this issue's Profiles in Partnership. "That's just how a lot of law firms work."
|Soup Can or Can of Worms? Legal Issues Arising from the Warhol Estate|
Carol E. Heckman; Harter Secrest & Emery LLP;
August 26, 2009, previously published by New York State Bar Association Entertainment, Arts and Sports Law Journal on Summer 2009Andy Warhol was perhaps one of the most notorious and productive artists of our time. He has recently been dubbed the "unquestioned star of the New York contemporary art sales," with more than 43 works breaking the $1 million barrier. Warhol died unexpectedly in 1987 following gall...
|NAD Reveals More Efficient Dispute Resolution Process|
Manatt, Phelps & Phillips, LLP;
December 2, 2008, previously published on October 29, 2008The National Advertising Division of the Council of Better Business Bureaus is the advertising industry's self-regulatory watchdog. One of its primary functions is to hear and resolve disputes between advertisers.
|After the Elections - The Employee Free Choice Act|
Squire, Sanders & Dempsey L.L.P.;
December 1, 2008, previously published on November 2008 With the victory of President-elect Barack Obama, passage of the so-called Employee Free Choice Act (EFCA) may be inevitable.
|Investors in the Middle East Benefit from Newly Enacted Dubai Arbitration Law|
Tom Canning, Nathan Landis; DLA Piper;
November 17, 2008, previously published on October 20, 2008A newly enacted law in Dubai may well have solved one of the most significant issues for all businesses with operations and interests in the Middle East:
|Automatic Post-Incident Alcohol/Drug Testing is Unreasonable|
Vicki L. Giles, Thomas W. R. Ross, Glenn D. Tait; McLennan Ross LLP;
October 27, 2008, previously published on October 6, 2008A recent arbitration decision ruled that one narrow aspect of Suncor's Alcohol and Drug testing policy is unreasonable while it upheld all of the rest of it. It is one more Alberta case concluding that testing is a reasonable tool for employers in safety-sensitive environments.