Om V. Alladi
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Arbitration provisions are common features of commercial agreements. Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the arbitrator should apply, to what issues the arbitrator should resolve. The parties can even delegate to the arbitrator the issue of what should and … Continue Reading
Does coverage for liability arising out of “advertising injury” include copyright infringement suits where the insured was not alleged to have engaged in advertisement? In Superior Integrated Solutions, Inc. v. Mercer Insurance Company of New Jersey, Inc., the New Jersey Appeals Court said “yes,” affirming the trial court’s granting summary judgment for an insured.… Continue Reading
Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to mitigate damages is not an absolute defense to a claim for statutory damages, the Court ruled on Wednesday, … Continue Reading
Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most significant jurisdictions and legal commentary on … Continue Reading
Currently, the New York Civil Practice Law and Rules permit temporary restraining orders (“TROs”) to be issued without notice to the opposing party – though this practice is discouraged by most judges. CPLR § 6313(a). Notice is not required if the moving party can demonstrate that there will be significant prejudice by reason of giving … Continue Reading
Judge Thomas W. Thrash Jr. of the U.S. District Court of Georgia permanently shelved a derivative suit brought by shareholders of Home Depot. Home Depot is a multinational home improvement retailer. In September, 2014, Home Depot suffered a data breach that resulted in $192 million in net losses. This breach followed the widely publicized data … Continue Reading
Ninth Circuit Splits From the Second, Third and Fourth Circuits in “Brain Twister” Arbitration Case
By Om V. Alladi on Posted in Arbitration
Insurers Did Not Act As Advertised in “Advertising Injury” Suit
By Om V. Alladi on Posted in Appellate, Copyright, Insurance Recovery & Counseling, Litigation
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act
By Om V. Alladi on Posted in Appellate, Commercial Litigation, Copyright
Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide
By Rucha Desai, Om V. Alladi, Melissa D. DiGrande, Alexander Roan, Alexander Kaplan and Lawrence Weinstein on Posted in Advertising, Health Care, Life Sciences
Proposed Amendment Requires Supporting Papers to Accompany TROs
By Om V. Alladi on Posted in Litigation, New York Rules
