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May 11, 2004 |

CAN-SPAM Act Not Up to Snuff

With the reality of the new CAN-SPAM Act not living up to dreams of spam-free in-boxes, many are already suggesting it may be time to can the act itself. Attorney Samuel Lewis sees a fundamental flaw in the limitation on who can enforce the act: Although the FTC, state attorneys general and ISPs have standing to seek remedies for spammers who violate the law, private individuals do not.
4 minute read
September 20, 2002 |

Hard to Opt Out of the Politics of Spam

It was perhaps inevitable that spam would be transformed into a platform for political candidates. If spam can be used to effectively market a myriad of consumer products, notes Samuel Lewis, why not politics? Lewis reviews the state of anti-spam legislation, self-help measures, and litigation against spammers and observes that some politicians need lessons in Netiquette.
5 minute read
April 11, 2012 |

Fresh Del Monte beats rival in false-advertising dispute

Coral Gables-based Fresh Del Monte Produce won a $13.2 million verdict in a federal suit that claimed false advertising and violation of a marketing agreement by Del Monte Foods when the two split in 1989.
4 minute read
July 19, 2002 |

Bias Claim Requires Knowledge by Decision-Maker

In a decision that could make it harder for plaintiffs to win employment discrimination cases, an 11th U.S. Circuit Court of Appeals' panel ruled that job candidates claiming discrimination must prove that the decision-maker in the hiring process knew of their minority status. Lawyer Steven Lubetsky lost his appeal because he could not prove that the manager who rescinded his job offer was aware that he is Jewish.
4 minute read
October 08, 2013 |

Toil and Trouble for Patent Trolls, Whoever They Are

The long-anticipated Government Accountability Office report on rising patent litigation and the role of nonpracticing entities was published in August to relatively muted response from corporate America and legislative bodies.
6 minute read
December 04, 2001 |

Forum Shopping

The current economic and political climate makes it more difficult for disgruntled employees to win judgments, particularly in federal court. Plaintiffs, whose employment suits already face an increasingly skeptical reception from federal judges in Florida and nationwide, are taking their cases to what they believe are the friendlier confines of state court.
7 minute read
March 29, 2007 |

Conflict of Interest Case Against Reed Smith Moves Forward

A suit against Reed Smith alleging breach of fiduciary duty and conflict of interest will move forward now that a Philadelphia Commerce Court judge has denied, in part, the firm's motion to dismiss a former client's compensatory and punitive damages claims. In Axcan Scandipharm v. Reed Smith, a pharmaceutical company claimed that the law firm engaged in an impermissible conflict that led to Reed Smith's disclosure of confidential information to a second client.
4 minute read
August 03, 2006 |

Is the U.S. Patent System Broken or Just Abused?

Critics have suggested that the U.S. patent system is broken. But with over 350,000 patent applications a year, is the U.S. Patent & Trademark Office simply overwhelmed? Or have recent problems been caused by those who abuse the system, such as patent trolls or inventors who do lax prior art searches? When patents are granted for "technology" to make items as common as peanut butter and jelly sandwiches, how do we begin to fix the problems? Miami attorney Samuel Lewis ponders these questions.
8 minute read
August 28, 2003 |

As the Worm Turns, Road Warriors Face Frustrating Times

If you're a road warrior who routinely relies upon a computer to work while traveling, you're probably aware of the current "worm" problem. The worm computer programs that are making their way through the Internet and wreaking havoc on computers across the country may interrupt your ability to establish a network connection to your office e-mail and other secure Web servers. For now, brace yourself for frustration.
4 minute read
May 09, 2011 |

Can your camera make you an infringer?

7 minute read

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