Litigation
Litigation refers to the process of resolving disputes by initiating legal action via the public court system. State courts are established by the laws of each state. Federal courts are established under the U.S. Constitution and have narrower jurisdiction that state courts. Regulatory litigation includes government plaintiff initiated actions that include, without limitation, allegations of unlawful marketing, advertising, cybersecurity and privacy practices.
Richard B. Newman Quoted by Legaltech News on Data Privacy Court Orders
FTC advertising compliance and defense attorney Richard B. Newman quoted by Legaltech News on recent FTC policy statement and the changing data privacy order landscape.
Read Article...Landmark SCOTUS Contractual Arbitration Opinion
Justice Kavanugh’s First Opinion Resolves Long-Standing Circuit Split Justice Brett Kavanaugh has authored his first opinion, holding that courts may not interfere with contractual arbitration provisions that delegate to the arbitrator whether the arbitration agreement applies to dispute. The unanimous, pro-arbitration opinion resolves a long-standing circuit split. In Henry Schein, Inc. v. Archer &…
Read Article...Law360 Quotes Richard B. Newman on Federal Circuit Ruling
On March 11, 2016, Law360 quoted attorneys immediately following a Federal Circuit panel unanimously affirming the invalidation of Essociate’s Internet affiliate marketing patent based upon the Supreme Court’s Alice decision. Among them was Hinch Newman’s Richard B. Newman. In affirming the U.S. District Court for the Central District of California’s ruling that Essociate’s patent claims do nothing more than apply the abstract…
Read Article...Hinch Newman Wins eCommerce Traffic Patent Fight for Top Affiliate Network
As reported in Law360 (February 11, 2015), the United States District Court, Central District of California granted Clickbooth.com’s Motion for Judgment on the Pleadings, ruling that the claims asserted by Essociate, Inc.’s Internet based affiliate pooling patent are patent ineligible under 35 U.S.C. § 101 and are therefore invalid. A copy of the motion can be seen,…
Read Article...Tender of Settlement Prior to Motion for Class Certification Moots TCPA Claims
On November 18, 2011, the U.S. Court of Appeals for the Seventh Circuit ruled that tendering full settlement of plaintiff’s Telephone Consumer Protection Act demands prior to a motion for class certification effectively mooted plaintiff’s claims. The plaintiff filed a class action complaint in state court alleging the receipt of unsolicited SMS text messages on behalf of himself and…
Read Article...The Debate Over Class Action Waivers
Following a landmark U.S. Supreme Court ruling on the subject last year, the debate over the enforceability of class action waivers contained in arbitration clauses continues. In April of 2010, the Court decided the matter of AT&T Mobility LCC v. Concepcionand held that Section 2 of the Federal Arbitration Act (“FAA”) preempted a California appeals court…
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