Faruki Blog

How Rigorous is Rigorous? The Supreme Court of Ohio Accepts Review of a Class Certification Decision That May Finally Clarify the Requisite "Rigorous Analysis" of Rule 23 in Class Action Lawsuits

On June 20, 2012, the Supreme Court of Ohio accepted an appeal from the Eighth District Court of Appeals (Cuyahoga County), which affirmed class.. Read More

The Ohio Supreme Court Limits Access to Confidential and Privileged Information Maintained by a School District

In a 7-0 decision issued on November 29, 2011, the Ohio Supreme Court denied a writ of mandamus seeking to compel a school district to produce copies.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

Controversial Guidance from EEOC Complicates Use of Criminal Background Reports

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on the Consideration of Arrest and Conviction.. Read More

California's "Shine the Light" Law: Protecting Your Business from Class Action Plaintiff's Lawyers' Newly Found Weapon

Generally, the California's "Shine the Light" law requires disclosure by any "business" that has disclosed "personal information" to "third parties".. Read More

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

If you own a patent and become aware that it is being infringed, what are your options? Usually three: 1) sue; 2) don't sue and ignore the.. Read More

Recent Ohio Decisions Regarding the Enforcement of Arbitration Agreements

Businesses commonly insert arbitration clauses in its contracts and consumer user agreements with the intent to avoid costly litigation. When.. Read More

The Supreme Court Arguments on Obamacare Have a Local Angle

Day Two (March 27) of the three days of Supreme Court arguments on Obamacare (officially, the Affordable Care Act) focused on the constitutionality.. Read More

"Negative Option Marketing" Offers Need to be Crafted Carefully to Comply With Existing Federal and State Laws

The Federal Trade Commission ("FTC") announced recently a settlement with a company that used false "free" product offers for weight-loss pills,.. Read More

In Trademark Disputes, David has an Updated Slingshot to Combat Goliath: Social Media

Another consequence of our digital economy capturing national media attention is the utilization of social media and other internet tools to combat.. Read More
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