Where a putative class action was brought alleging that the defendant violated the Driver’s Privacy Protection Act by sending out advertisements along with motor vehicle registration renewal notices pursuant to a contract with the Massachusetts Registry of Motor Vehicles, a ...

Tagged with: June 30 2012 issue

It is up to an arbitrator, not a U.S. District Court judge, to decide whether an arbitration clause in an employment agreement is unenforceable in that it imposes a one-year limitations period. Escobar-Noble v. Luxury Hotels International of Puerto Rico, ...

Tagged with: June 30 2012 issue

A city that had a rational basis for forgiving the tax debts of some property owners but not others did not violate the Equal Protection Clause. Armour v. City of Indianapolis, No. 11-161. June 4, 2012. Lawyers USA No. 993-3852

Tagged with: June 30 2012 issue

A defendant that prevailed in a personal injury case filed in federal court could not recover its costs for translating documents from Japanese to English. Taniguchi v. Kan Pacific Saipan, Ltd., No. 10-1472. May 21, 2012. Lawyers USA No. 993-3819

Tagged with: June 30 2012 issue

When an attorney and a client enter into a lawyer-client relationship, one of the more frequent areas of conflict is who makes the decisions with regard to the handling of the matter.

Tagged with: June 30 2012 issue

“I have no conviction. … I blow with the wind, and the prevailing wind is blowing from Vichy.” When Louis told Rick that he was at the mercy of Casablanca’s prevailing winds, he surely was not thinking about the Securities ...

Tagged with: June 30 2012 issue

U.S. trademark applications are matters of public record. When celebrity super-couple Jay-Z and Beyoncé filed a trademark application for their infant daughter’s name, Blue Ivy Carter, the public took notice. So should your company.

Tagged with: June 30 2012 issue

The U.S. Equal Employment Opportunity Commission recently issued a formal “enforcement guidance” addressing the applicability of the chief federal employment discrimination statute, Title VII of the Civil Rights Act of 1964, to the use of criminal conviction and arrest records ...

Tagged with: June 30 2012 issue

Suppose the deferred compensation component of an executive’s change of control or employment agreement, or the company’s executive compensation plan, contains hurdles or exceptions to vesting or, even, a cliff vesting provision — such as requiring employment for at least ...

Tagged with: June 30 2012 issue

The 2nd U.S. Circuit Court of Appeals recently heard arguments in Louboutin v. Yves Saint Laurent, an appeal that considers (or, some might say, reconsiders) the protectability of a single color as a trademark to identify the source of a ...

Tagged with: June 30 2012 issue