Tag Archives: California

Ninth Circuit to Decide Whether IP Exclusion Applies to Forever 21 Trademark Suit

The Ninth Circuit will decide whether Great Lakes Reinsurance must defend clothing company, In and Out, against a trademark infringement suit by Forever 21. The dispute focuses on exclusionary language in the general liability policy issued by Great Lakes to In and Out, which broadly bars coverage for claims stemming from violations of intellectual property rights, but which also excepts from the exclusion claims for copyright, trade dress and slogan infringement occurring in the company's advertisements. … Continue Reading

San Francisco Bans Employers From Asking Job Applicants About Salary History, 26 States Considering Similar Legislation

San Francisco is the latest jurisdiction to pass a law that prohibits employers from inquiring about prior salary history during hiring. New York City, Boston, Philadelphia, Pittsburgh and New Orleans already have similar laws, and in a concerning trend for employers, 26 states are currently considering such legislation. The San Francisco city ordinance went into effect … Continue Reading

Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading

Bristol-Myers Personal Jurisdiction Decision Makes Its Way to the U.S. Supreme Court

A review of the parties’ briefing on Bristol-Myers’s petition for a writ of certiorari in Bristol-Myers Squibb v. Superior Court highlights significant questions for companies in the retail industry should the U.S. Supreme Court deny the petition and thereby allow the decision to stand as controlling law in California. … Continue Reading

New Law in a TCCWNA Terms and Conditions Case

The first blow to the recent expansive application of the New Jersey TCCWNA was struck by a federal court in California last month. In Candelario v. Rip Curl, Inc., the Central District of California granted a motion to dismiss a complaint alleging a TCCWNA violation of website terms and conditions because the plaintiff lacked Article III standing. … Continue Reading
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