Ohio’s Department of Commerce is ramping up efforts to begin the state’s medical marijuana program. Standards and licensing procedures for cultivators, laboratories, dispensaries and others will be set up over the next year, and the program must be fully up and running by the summer of 2018. But at the same time, the federal Drug Enforcement Agency (“DEA”) is doubling down on the marijuana ban, keeping the drug listed alongside heroin as a top-level controlled substance.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
An exploding craft beer industry has led to an uptick in lawsuits about beer names and labels. Craft beer lovers do not always appreciate the lawsuits. But what do the federal courts think about them?
2, 4, 6, 8! Who Does Big Fashion Appreciate? The Sixth Circuit Protects Clothing Design In A Thrilling Overtime Victory.
The Sixth Circuit shook up copyright law – and had some fun with it – in the recent decision Varsity Brands, Inc. v. Star Athletica, with reasoning that hinged on an unusual proposition: “[a] plain white cheerleading top and plain white skirt still cover the body and permit the wearer to cheer, jump, kick, and flip.” (No. 14-5237, 2015 U.S. App. LEXIS 14522, *51 (6th Cir. Aug. 19, 2015).) The decision, which found a protectable copyright in stripes, chevrons and patterns on uniforms, stood conventional wisdom on its head, flipped the usual script of copyright analysis, and gave new cheer to fashion designers, who are typically shut out from copyright protection.
Seventh Circuit Sides with Plaintiffs and Reinstates Consumer Data Breach Class Action Previously Dismissed for Lack of Standing
Last week the Seventh Circuit reinstated the Neiman Marcus data breach class action, holding that plaintiffs had satisfied Article III’s standing requirements based on at least some of the injuries they alleged. In doing so, the Seventh Circuit became the first federal court of appeals to rule on a challenge to the standing of purported data breach victims in light of the Supreme Court’s decision in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), and diverged from the growing majority of federal district courts that have held similar allegations are insufficient to confer standing.
The Supreme Court recently concluded its October 2014 Term; we have provided a summary of the most recent decisions.
In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.
Albeit seemingly self-evident, Keller v. Miri, 781 F.3d 799 (6th Cir. 2015), serves as a renewed caveat that title isn’t everything: merely designating workers as independent contractors is not sufficient to avoid Fair Labor Standards Act obligations. In this recent Sixth Circuit decision, the Court reversed the district court, finding sufficient and genuine issues of material fact that entitled a jury to decide whether a satellite dish installer qualified for overtime and minimum wage protections under the FLSA.
In a potentially important decision over workplace accommodations in an environment when telecommuting is more common, the Sixth Circuit ruled on April 10 that an employer does not need to permit an employee to work from home when an essential aspect of the employee’s position requires being in the office.
The risk of a data breach now tops the list of concerns of many in-house counsel and C-suite executives. Cyber insurance is an important component in managing this risk and mitigating the damages and loss that follow a data breach.
This blog is devoted to complex litigation related issues — recent decisions, relevant commentary, key discovery rulings of general import, substantive law developments, and suggestions on litigation strategies. We will discuss how to minimize exposure to complex litigation and how to manage cases if you have already been sued.
We're monitoring and reporting on developments in complex litigation to help you stay informed in this important and dynamic area of the law.
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- Medical Marijuana Creates Unanswered Trademark Litigation Issues
- CyberSecurity News: Spokeo, Galaria and Braitberg
- Trademarks And Craft Brewing: What Do Federal Courts Think Of Craft Beer Lovers?
- 2, 4, 6, 8! Who Does Big Fashion Appreciate? The Sixth Circuit Protects Clothing Design In A Thrilling Overtime Victory.
- Seventh Circuit Sides with Plaintiffs and Reinstates Consumer Data Breach Class Action Previously Dismissed for Lack of Standing
- Summary of Recent United States Supreme Court Decisions
- Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction
- Title Isn’t Everything: Sixth Circuit Taps Jury to Decide Keller’s FLSA Fate
- Sixth Circuit Sides With Management in Dispute Over Employee’s Request to Telecommute
- The Value of Cyber Insurance in Managing the Risk of a Data Breach