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July 09, 2007 |

A new use for consumer class actions

Plaintiffs' lawyers are filing an increasing number of class actions under state consumer-protection laws in conjunction with, or in place of, traditional personal injury class actions. In recent years, judges have refused to certify class actions of personal injury claims, in most cases because the facts and circumstances surrounding injured plaintiffs are too dissimilar to allow their claims to be decided together.
8 minute read
Heavy-Hitters Hit Pfizer with New Securities Suit, Highlighting Opt-Out Trend
Publication Date: 2012-11-15
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Two months after opting out of a class action against Pfizer, a group of major public and private institutional investors are taking matters into their own hands. On Thursday the breakaway investors and their lawyers at Bernstein Litowitz filed their own securities fraud suit, accusing Pfizer of duping shareholders about risks associated with two once-blockbuster drugs.

August 27, 1999 |

Tales of 'Tarnished' Trademarks Forced Change

In the wake a of a settlement between Tiffany & Co. and a 50-year-old Miami hotel, other landmarks that share famous namesakes appear vulnerable. The threat lies in the Dilution Act, which targets portraying a famous mark in an unsavory context or the whittling away of distinctiveness by noncompeting businesses. The act has no statute of limitations and no provision on whether it can be applied retroactively, and the courts have rendered inconsistent decisions that cry out for clarity.
4 minute read
September 17, 2004 |

Srour v. Dwelling Quest Corp.

Broker's Commission Was Earned When the Lease Was Signed
17 minute read
July 17, 1999 |

Trademarks as Collateral: Lenders Beware

Trademarks can be useful as debt security for lenders and borrowers alike. Too often, however, the parties fail to take basic trademark principles into account when setting up trademark security interests. The results can be disastrous -- leading even to destruction of the very trademark in which the security interest is sought. This paper explains the relevant trademark law and potential pitfalls to avoid.
17 minute read
In re Merrill Lynch Auction, 09 MD 2030 (LAP)
Publication Date: 2011-04-05
Practice Area: Business Law
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Court: U.S. District Court, Southern District
Judge: District Judge Loretta A. Preska
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Case number: 09 MD 2030 (LAP)

Cite as: In re Merrill Lynch Auction, 09 MD 2030 (LAP), NYLJ 1202489005791, at *1 (SDNY, Decided March 29, 2011)District Judge Loretta A. Preskap class="de

September 30, 2010 |

News In Brief

6 minute read
February 18, 1999 |

Lighting Up in Court

When the nation's tobacco industry and dozens of state attorneys general reached a $206 billion legal settlement last November, the prospect of protracted courtroom battles over health-related cigarette suits seemingly went up in smoke.
9 minute read
November 09, 2010 |

Plaintiffs Respond to the Chevron Outtakes

The plaintiffs' response to The American Lawyer's exclusive release of outtakes from the documentary Crude, as written by Amazon Defense Coalition spokeswoman Karen Hinton.
10 minute read
MLSMK Investment Company v. JP Morgan Chase & Co., 10-3040-cv
Publication Date: 2011-07-08
Practice Area: Business Law
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Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Mclaughlin, Pooler, and Sack, C.JJ.
Attorneys:
For plaintiff: HOWARD KLEINHENDLER, Wachtel & Masyr, LLP (Julian D. Schreibman, Sara G. Spiegelman, of counsel), New York, NY, for Plaintiff-Appellant.
For defendant: PATRICIA M. HYNES, Allen & Overy LLP (Andrew Rhys Davies, Laura R. Hall, of counsel), New York, NY, for Defendants-Appellees.
Case number: 10-3040-cv

Cite as: MLSMK Investment Company v. JP Morgan Chase & Co., Index 10-3040-cv, NYLJ 1202499634383, at *1 (Court, Decided July 7, 2011)Before: Mclaughlin, Poo

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