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Congress Corrals Scope Of Discovery With Recent Amendment To Federal Rule Of Civil Procedure 26

By Blog, Litigation

By Andrew P. Holland and Jared M. Ahern
Rule 26 may be the most important Federal Rule of Civil Procedure because it governs discovery, which is arguably the most important part of modern civil litigation. On December 1, 2015 Congress amended Rule 26 to make “proportionality” a more prominent part of the rule.1 Generally, proportionality requires striking a balance between the need for the information sought in discovery with the burden imposed on the party who would have to supply that information. Read More

Is This Fishing Lure Made By The Butter Company? Seventh Circuit Finds Butter And Fishing Tackle Companies’ Use Of The Same Trademark Is Not Likely To Confuse Consumers

By Blog, Intellectual Property Law, Litigation

By Andrew P. Holland and Jared M. Ahern
Is a consumer likely to be confused when a company that makes butter uses the same trademark as a company that makes fishing tackle (hooks, lines, sinkers, floats, rods, reels, baits, lures, spears, nets, gaffs, traps, waders and tackle boxes)?1 The court’s answer in Hugunin v. Land O’ Lakes, Inc. was a resounding no.2 815 F.3d 1064 (7th Cir. 2016).
James Hugunin, along with two of his companies, sued the dairy company Land O’ Lakes, Inc. for trademark infringement after it demanded that he cease using the “LAND O LAKES” mark without a license.3 Land O’ Lakes counterclaimed for trademark dilution.4 The Seventh Circuit affirmed the district court’s dismissal of all the claims, observing that “in this unusual case two firms sued each other though neither had been, is, or is likely to be harmed in the slightest by the other.”5 Read More

Employment Arbitration, Again

By Blog, Business Law, Employment Law, Litigation

A California Court of Appeal has written another chapter in the unfinished epic struggle between the federal and California courts over the enforceability of employment arbitration agreements. And it reads against enforceability. The decision, Mayers v. Volt Management Corp., is of practical value, and provides guidance on drafting and implementing an employment arbitration agreement…

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Stop Light Texting a No-No

By Blog, Intellectual Property Law, Litigation

California law prohibits anyone driving on public roadways from using a wireless telephone unless the phone is configured for hands-free listening and talking and used in that manner while driving. Carl Nelson is one person who would not willingly accept the ticket he received for his phone while stopped at a stop-light.

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Facebook Privacy Privilege Rejected

By Blog, Employment Law, Intellectual Property Law, Litigation

Bill claimed his Facebook and MySpace passwords and user names were confidential and, more importantly, that his communications with friends on Facebook and MySpace were privileged from disclosure, much like a confidential communication between an attorney and his or her client. The court in McMillan v. Hummingbird Speedway, Inc. (Pennsylvania Court of Common Pleas 9/9/10) rejected his contention.

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