Recently by Marc J. Rachman
Second Circuit Provides Clearer Picture On False Advertising Doctrine
In August 2007, the Second U.S. Circuit Court of Appeals issued an opinion concerning certain DIRECTV advertisements that provided a clearer picture on its false advertising doctrine. It modified the District Court's ruling banning DIRECTV from disseminating in any Time Warner Cable, Inc. ("TWC")...Read More
Are Punitive Damages Available Under The Copyright Act?
Given the Copyright Act's1 express enumeration of available remedies under the Act and its silence with respect to punitive damages, one would think that a copyright owner is barred from seeking punitive damages when bringing a claim for copyright infringement. Several recent decisions in the...Read More
How Courts Interpret Ambiguous Contracts
A court's objective in a case involving the interpretation of a contract is to ascertain what the parties intended. When a contract's provisions are clear, a court will enforce the contract as written, without any reference to evidence outside the contract, such as testimony about what the parties...Read More