The First Amendment of the U.S. Constitution does not protect defamation, but the requirements that speech must meet in order to qualify as defamation are very specific, and even more so for public figures. The primary objective of the First Amendment is to allow citizens (and especially the press) to…
Our credit rating is too important to take any chances on it. All it takes is one bad report to lower your rating, which can then inhibit your ability to obtain a loan and make any large purchases you might need, such as a home or automobile. Unfortunately, such a…
The Seventh Circuit has again rejected a pick-off attempt in a class action overturning a dismissal that approved use of that tactic. Just because someone offers to make a payment to settle a legal dispute does not mean the payee is required to accept the payment. Nor does the offer…
In a case of “idea theft,” film industry defendants who argued the right to free speech protected them against a claim of stealing a screenplay that was later made into “The Purge” films were recently slapped down by the Ninth Circuit Court of Appeals (Jordan-Benel v. Universal City Studios Inc.,…
When a company changes its logo to just the letter, “P” it’s hard to believe a single letter of the alphabet could be trademarked, but that’s what PayPal appears to be claiming. According to a recent trademark infringement lawsuit PayPal filed against Pandora, it’s more than just the letter. It’s…
Despite stepping down as CEO of Uber, the ride-sharing start-up he founded, Trevor Kalanick’s troubles are far from over. On top of allegations that the company mistreats its drivers, discriminates against and sexually harasses women at work, and stole trade secrets from another ride-sharing service, Kalanick is now being sued…
Although most he said/she said cases can be difficult, if not impossible, to prove which side is in the right, when hearing a case against a person for allegedly acting inappropriately, consideration can be given to how strongly the accuser appears to believe what they’re saying, rather than what actually…
When John Oliver spoofed West Virginia coal magnate Bob Murray he was following in a tradition in our country that pre-dates the founding fathers. Embedded in our constitution is the right to criticize public figures on important. Lawsuits shouldn’t be used as a weapon to quash such speech. Below is…
Many people and organizations have long tried to get the NFL team known as the Redskins to change their name. The name is certainly offensive to most Native Americans and is a racial slur, but it’s not illegal to use it. The football team has maintained a trademark on the…
It’s a case of he said/she said, in which the claim and counterclaim are nearly impossible to prove, and outcomes have been historically unfavorable to women, even when there is solid evidence to prove their side of the story. What she says happened: While posing for a photo with David…