Data Security Breach Supported Contract, Negligence Claims

This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing. An individual could have sustained an injury in fact from the failure of a publisher and developer of online services and applications for use with social networking sites (“RockYou”) to secure and safeguard its users’ sensitive personally identifiable information (PII), […]

Web Users Fail to Allege Injury in Fact from Installation of “Flash Cookies”

This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing. A purported class of web users bringing claims against online third-party advertising network Specific Media for installing “Flash cookies” on their computers without their knowledge or consent failed to allege an “injury in fact” resulting from Specific Media’s conduct, the […]

Interagency Group Proposes Principles for Marketing Food to Children

This posting was written by William Zale, Editor of CCH Advertising Law Guide. In an effort to combat childhood obesity, a working group of four federal agencies on April 28 released for public comment a set of proposed voluntary principles that can be used by industry as a guide for marketing food to children. The […]

Appellate Court Temporarily Stays Order Lifting NFL Lockout

This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter. The U.S. Court of Appeals in St. Louis has granted the National Football League and its 32 separately-owned teams a temporary administrative stay of a federal court order preliminarily enjoining a league “lockout” of current and prospective players. The ruling, handed down […]

Franchisee’s Contract Breaches Caused Franchisor Future Damages

This posting was written by Pete Reap, Editor of CCH Business Franchise Guide. A motor vehicle repair shop franchisee’s breach of its four agreements with a franchisor—not the subsequent termination of those agreements by the franchisor—proximately caused the franchisor’s lost profits damages under North Carolina law, the U.S. Court of Appeals in Richmond, Virginia, has […]

Status as “Franchisee” Not Relevant to Coverage Under Unemployment Compensation Law

This posting was written by Pete Reap, Editor of CCH Business Franchise Guide. Whether a “franchise” agreement existed between a concrete artisan and a dealer under the Connecticut Franchises Act was irrelevant to the issue of whether the dealer was an “employee” of the artisan under the Connecticut Unemployment Compensation Act, according to a Connecticut […]

Federal Arbitration Act Preempts California Law of Contractual Unconscionability: Supreme Court

This posting was written by William Zale, Editor of CCH Advertising Law Guide. In a dispute over a consumer contract with an arbitration clause that included a class action waiver, the Federal Arbitration Act preempted a California rule of law that barred the waiver as unconscionable, the U.S. Supreme Court held today in a 5-4 […]

NFL Lockout Lifted Pending Players’ Antitrust Suit

This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter. A group consisting of professional and prospective professional football players alleging that the National Football League and its 32 separately-owned teams engaged in a concerted refusal to deal in violation of Sec. 1 of the Sherman Act by imposing a “lockout” was […]

CAPITAL CITY BANK Unlikely to Be Confused with CITIBANK

by Thomas Long, Legal Editor, CCH Trademark Law Guide Registration for banking services of four marks featuring the words CAPITAL CITY BANK would not be likely to cause confusion with Citigroup’s numerous registered marks featuring the term CITIBANK for the same services, the U.S. Court of Appeals for the Federal Circuit has held. A decision […]

FTC, Georgia Challenge Proposed Hospital Acquisition

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. The FTC has challenged a proposed hospital acquisition that allegedly “creates a virtual monopoly for inpatient general acute care services sold to commercial health plans and their customers in Albany, Georgia and its surrounding area.” The Commission has filed an administrative complaint, […]