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On November 26, 2012, Mr. Michael Chow and other plaintiffs affiliated with the MR CHOW restaurants doing business in New York, London, Miami, and Beverly Hills (and soon in Las Vegas) filed an appeal with the U.S. Court of Appeals for the Eleventh Circuit of a judgment rendered in a trademark and false advertising lawsuit.Plaintiffs appeal because they are dissatisfied with having prevailed on only false advertising and related unfair competition counts.As aptly stated by the U.S. District Court for the Southern District of Florida, from which Plaintiffs took their appeal: “This case involves a relatively straightforward dispute which was aggressively litigated, between two sets of restaurant companies and their principals, regarding allegedly unfair business practices.”[1]Discussed in greater detail below, the case presents interesting insights by the district court regarding blog posts and alleged in-person customer statements as proffered evidence of actual … [Read more...] about Plaintiffs Affiliated with MR CHOW Restaurants Appeal to 11th Circuit in Lanham Act Case

More than 10 years ago, Judge John Gibson of California’s San Bernardino County was publicly admonished (PDF) based on allegations of inappropriate conduct, including an incident in which he wiggled his fingers through his robe in the groin area and told a court employee, “Say hello to Mr. Bobo.”Now Gibson has been publicly admonished a second time, and the allegations once again concern crude gestures and inappropriate remarks, the Los Angeles Times reports.In a Dec. 14 decision (PDF), the California Commission on Judicial Performance said Gibson had displayed sarcasm and annoyance with lawyers over a delayed trial, claiming that one lawyer in the courtroom had done nothing more than scratch his private parts and pick his nose. Gibson allegedly illustrated with gestures. On one occasion he gestured toward his groin while recalling a story about a urinal, and on another he called a tall, thin female lawyer a Q-tip, according to the opinion.Gibson’s lawyer, Paul … [Read more...] about ‘Mr. Bobo’ Judge Is Admonished a Second Time for Crude Gestures

Home Daily News Does Stanley have a mustache? 'The Office'… Law in Popular Culture By Adam Banner Posted May 7, 2018, 8:00 am CDT As I’ve been writing this column on law and pop culture over the past year or so, I’ve started to realize that my wife has a helluva legal mind. She just gets it. She’s not educated in the law (she has a masters in nonprofit management), but she’s pretty spot-on. Case in point: we’re currently somewhere between our 10th and 15th binge of The Office—all nine seasons. We don’t necessarily watch every episode from start to finish (anymore), but because it’s comforting, familiar, and funny as hell, it has become somewhat of a go-to. She likes to fall asleep to the television, and I’ve seen every episode so many times that it becomes white noise if that’s what I need at the moment. As we were lying in bed recently, episode 20 of season 8 began. Those familiar with The Office are aware that each … [Read more...] about Does Stanley have a mustache? ‘The Office’ illustrates issues with cross-racial identification

Home Daily News Criminal injustice: How Netflix's 'The Staircase'… Law in Popular Culture By Adam Banner Posted July 9, 2018, 7:05 am CDT Michael Peterson and his lawyer, David Rudolf. Photos from Netflix. I’m fascinated with the fascination over the true-crime genre. It allows audiences to see the unfairness of a system which, too often, keeps its secrets in the shadows. Many in American society believe our criminal justice system is the best available option in the world. While I agree to a certain degree, the system only works when all parties are aboveboard. If not, it poses just as much opportunity for evil and error as any other system. In that sense, true-crime often gives the audience a view at true corruption. Netflix has positioned itself as the true-crime television czar of sorts. Some series in this style are slow-moving with subplots that simmer. Others are relatively fast-paced with episodic endings leaving the audience anxious to turn the next digital … [Read more...] about Criminal injustice: How Netflix’s ‘The Staircase’ illustrates the inequities of our justice system

Commission staff highlight key developments and successes in the SEC enforcement program.As they do every year, senior officials from the US Securities and Exchange Commission (SEC or the Commission), including current and former commissioners, recently gathered at the SEC Speaks conference held in Washington, DC to highlight the Commission’s accomplishments in fiscal year 2016 and announce its priorities for 2017. Officials from the SEC’s Division of Enforcement (Division or Enforcement Division) offered guidance to securities law practitioners as to best advocacy practices in defending enforcement actions, repeatedly emphasized the benefits of extraordinary cooperation with the enforcement staff in investigations and litigation, and discussed recent court decisions and issues pending before the federal courts, all of which will have a significant impact on the SEC’s enforcement program. In addition, in their prepared remarks, Acting SEC Chair Michael Piwowar and … [Read more...] about SEC Speaks 2017: Key Development Highlights