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fraud and bad faith claims

PLUP Fiction: Not All Fraud is Sales Fraud

So far in this column, we have talked primarily about fraud committed at arms’ length by salespersons or investment advisors. These sorts of sales fraud are but two of the many flavors in the Cold Stone display of frozen, delicious deception. Today, we are going to look at a case of alleged fraud and bad […]


Importance of Rule 9

It’s All in the Details: The Importance of Rule 9 in Fraud Cases

Federal Rule of Civil Procedure 9(b) works for (and against) everyone If you have not had the good fortune to litigate a fraud claim in federal court, you might not be aware of Federal Rule of Civil Procedure 9(b), which provides: In alleging fraud or mistake, a party must state with particularity the circumstances constituting […]


company employee handbook

7 Must-Haves for your Company Employee Handbook- for their Benefit and Yours

Why Have a Company Employee Handbook? All employers, no matter the company size, should have a company employee handbook to communicate essential policies of the company to employees. First, it can serve as a legal defense against claims brought by an employee against the company or its managers. Second, and perhaps more importantly, an employee […]


Trademark Disparagement and the Slants

Trademark Disparagement? The Slants, The Redskins and the Supreme Court

Acceptable Trademark Disparagement… or Disparagement at all? People try to trademark all types of names, brands and slogans. The U.S. government, however, acts as the gatekeeper applying trademark law to decide whether or not those names or brands are worthy of protection or if they constitute trademark disparagement. One of the most newsworthy parts of […]


It's never RICO!

It’s Never RICO! What this Column Presupposes is, Maybe Sometimes it is

If you type the phrase “It’s never RICO” into Google, you’ll get a bunch of hits, including this clever and interesting discussion. The Google image search returns “House, M.D.” memes. I would beg you, dear reader, not to Google “RICO Trump”. It’s a rabbit hole where you will see all sorts of nonsense about alleged forthcoming sealed indictments […]


civil litigation

Anatomy of a Trial

This CLE online webinar, Anatomy of Trial, introduces the different components and phases of civil litigation — including motion in limine and much more.


The New Reality of Federal Litigation

Federal courts in Chicago have adopted new rules that will profoundly change how civil lawsuits progress.


Patent Troll TC Heartland

The TC Heartland Decision: Big Loss for “Patent Trolls”

On May 22, 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Foods Group Brands. Now, it is much harder for “patent trolls” to file their cases in the Eastern District of Texas.What Are “Patent Trolls?” Why Marshall, TX?A patent troll is a derogatory term for a company that obtains the rights […]


Theranos

Theranos Revisited

Theranos made headlines for the alleged failure of its signature blood test – and for civil and criminal suits from its stockholders.


trademark intellectual property uber

A Trademark Is a Terrible Thing to Waste

Your business’ trademark is a valuable asset. Protecting that asset is a practice in which every business owner should invest—the security of your business, its intellectual property rights and its reputation are at stake.


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