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8 Jul 1:07 pm by Securites Lawprof
The SEC filed a Complaint in the United States District Court for the District of South Carolina against Jerry F. Wells, Jr. ("Wells"), a former Executive Vice President and Chief Financial Officer of UCI Medical Affiliates, Inc. ("UCI" or the...
Securities Law Prof Blog - http://lawprofessors.typepad.com/securities/
22 Nov 2:17 pm by Randall Reese
Early Friday morning, GSI Group Inc. and two affiliates (the lead bankruptcy case is the case of GSI's affiliate MES International, Inc.) voluntarily filed for chapter 11 bankruptcy protection in Delaware. The companies have 29 other affiliates (10 in the United States and 19 outside the U.S.) which were not included in the bankruptcy filings. Their lead bankruptcy counsel is Brown Rudnick LLP. GSI ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
24 Jun 10:20 am
... last week's decision by the U.S. Court of Appeals for the Ninth Circuit in Satterfield v. Simon & Schuster, Inc.? Perhaps so, but not principally for reasons cited by many accounts and commentators reporting on the case. Satterfield ... online T&Cs and privacy policies strive to make them more consumer-friendly - the Ninth Circuit construed "affiliate" as having "independent legal significance" so as to require a corporate relationship between the entities "by shareholdings or other means of ...
Privacy and Security Law Blog - http://www.privsecblog.com/
17 Feb 10:07 am by Eric
... have lost trying to hold advertisers liable for affiliate spam. See, e.g., Fenn v. Redmond Venture, Inc., 2004 UT App 355 (Utah ... programs, which could have a significant consequence on the Internet advertising community. * Competition with affiliates for AdWords/organic placement. * Public opinion, including FTC shaming, adverse media ... light of NY tax law, advertisers must do a cost-benefit analysis of affiliate programs. Are they net-profitable, after considering all of the costs? The answer may ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
8 Aug, 2008 4:04 pm by Eric
... May 1, 2008). In another lawsuit, ASIS Internet Services, v. Optin Global, Inc., 2008 WL 1902217 (N.D. Cal. March 27, 2008; unsealed April ... the principal be charged with the conduct of even more remote subcontractors (People v. Synergy6, Inc., Index No 404027/03 [Sup Ct N.Y. Co 2006][ ... and impermissible behavior would benefit everyone. It is also possible that the legal ambiguities of affiliate liability will be resolved by statute. However, despite the defendants' string of court victories, I see ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
26 Jan, 2007 12:18 am by D. Keith Henning
... 17, 2005. For a period of time prior to October 14, 2004, GMCI Internet Operations, Inc. ("GIO"), an affiliate of GMCI, owned the domain name penthouseboutique.com. Apparently, GIO allowed the penthouseboutique.com registration to lapse ... numerous links to third party web sites that were generated by the domain traffic monetization service information.com or its affiliates. The landing pages placed at the penthouseboutique .com domain name specifically referenced GMCI's licensed Penthouse and ...
Copywrite - http://copywrite.wordpress.com
22 Jan, 2007 9:53 am by D. Keith Henning
... relevant consumers are likely to believe that the products or services offered by the parties are affiliated in some way." Daddy's Junky Music Stores Inc. v. Big Daddy's Family Music Center, 109 F. ... to the source, sponsorship, approval, or certification of goods or services; (3) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another; …. (10) Disparages the goods, services or business of another by false representation ...
Copywrite - http://copywrite.wordpress.com
16 Jul, 2008 8:02 am by Ken Chan
... commission check can either be latte money or a whole lotta money. For people looking to enter into the affiliate marketing business, reading the CreditCards.com, Inc. Registration Statement offers a bit of inspiration. In 2007, CreditCards.com earned $63.3 million in ... in sales and marketing to pull in those revenues. The Risk Factors section also sheds some light into the affiliate marketing industry. Black hat SEO is one risk factor: If our marketing practices violate search engine guidelines, ...
Tags: ipo
Contracts Blog - http://www.onecle.com/blog
12 Mar, 2007 4:42 pm by Eric
By Eric Goldman U.S. v. Cyberheat, Inc., 2007 WL 686678 (D. Ariz. March 2, 2007) This case deals with one of the great unresolved Cyberlaw questions: when is an online advertiser liable for ... images displayed in the emails when opened The advertiser's principal counterarguments were that it had its contract restriction against spam and that the affiliates were independent contractors. (It was unclear to what extent the advertiser disputed the other facts alleged by the FTC). So this case will go ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
22 Nov 2:13 pm by Randall Reese
... LLC (also known as MBSolutions, LLC) filed for chapter 11 protection in Delaware in order to conduct a competitive auction process to sell substantially all of its assets. To that end, Axiant has entered into a stalking horse term sheet with NCO Group, Inc. providing for a proposed sale price of between $7 and $10 million. The company also sought approval of a $210,000 break-up fee and $150,000 expense reimbursement payable to NCO Group in the event that it is not the winning bidder at auction. ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
25 Feb 6:59 am
... a business, trade, or market. The Ninth Circuit held in Comedy Club, Inc. v. Improv West Associates that an arbitrator's injunction based on in-term covenant not to compete in a trademark license agreement, which precluded CCI and its affiliates (including tangential relatives of CCI principals) from competing in the comedy club business (apart from existing licensed "Improv" clubs that CCI continued to operate under the ...
Trading Secrets - http://www.tradesecretslaw.com/
... -possession facility for General Growth Properties, Inc., which filed the largest real-estate Chapter 11 case in U.S. history. In connection with approving the financing, Judge Gropper permitted affiliated debtors to use excess cash ... proceedings and Judge Gropper's ruling suggest SPE assets may, in certain circumstances, be invaded for the benefit of affiliated entities in furtherance of the goal of reorganization of the sponsoring enterprise. This ruling, while not surprising as a legal matter ...
The Harvard Law School Corporate Governance Blog - http://blogs.law.harvard.edu/corpgov
29 Jul 7:30 am by Randall Reese
Image by Sushkins via Flickr Earlier today, Flying J Inc. and its affiliates filed their consolidated monthly operating report for the month of May 2009 with the court ... West Transportation, LLC Big West Oil LLC. Consolidated Longhorn Pipeline, Inc. Longhorn Pipeline Holdings, LCC Longhorn Partners Pipeline, L.P. Longhorn ... Interest expense Gain (loss) on disposal of fixed assets Gain (loss) from investment in affiliated companies Other income (expense) Total other income (expense) Income (loss) ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
17 Aug 6:01 am by Randall Reese
The bankruptcy cases of Affiliated Foods Southwest, Inc. and its affiliates were officially converted to chapter 7 bankruptcy cases on August 13, 2009 pursuant to an order entered by Judge Richard Taylor of the United States ... or other responses to the request. Following entry of the conversion order, Richard L. Cox was appointed as the chapter 7 trustee for Affiliated Foods Southwest. Download copies of every document filed in this bankruptcy case and the bankruptcy cases of over 600 other major ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
24 Jun 10:20 am
... last week's decision by the U.S. Court of Appeals for the Ninth Circuit in Satterfield v. Simon & Schuster, Inc.? Perhaps so, but not principally for reasons cited by many accounts and commentators reporting on the case. Satterfield ... online T&Cs and privacy policies strive to make them more consumer-friendly - the Ninth Circuit construed "affiliate" as having "independent legal significance" so as to require a corporate relationship between the entities "by shareholdings or other means of ...
Privacy and Security Law Blog - http://www.privsecblog.com/
31 Mar, 2008 2:40 pm by ZMan!
... minority. They are losing followers by the day, although they'd never admit it. Those that are affiliated with Perverted Justice are radicals and people that are in need of some severe mental help and perhaps a ... . Their impending legal doom is only just beginning. INFO ON PERVERTED JUSTICE FOUNDATION INC. TAKEN FROM IRS 2006 TAX EXEMPT FORM 990: Tax Exempt ID# 16-1775449 Perverted Justice Foundation Inc. 703 Pier Ave B154 Hermosa Beach, CA 90254 (Map) President Xavier Von Erck 703 Pier Ave B154 ...
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
23 Jul 7:45 am by Randall Reese
Earlier today, Judge Richard Taylor of the United States Bankruptcy Court for the Eastern District of Arkansas entered a preliminary order with respect to the July 21 motion of Affiliated Foods Southwest, Inc. and its affiliates requesting the immediate conversion of their chapter 11 cases to chapter 7 without notice and a hearing (more details on that motion are available in an earlier post, ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
30 Sep 5:11 am by Michael J. Hassen
... D.R. Horton and its affiliated mortgage lender, DHI Mortgage, alleging violations of the federal Real Estate Settlement Procedures Act (RESPA). Yeatman v. D.R. Horton, Inc., 577 F.3d 1329, 1329 (11th Cir. 2009). According to the allegations underlying the class ... to dismiss the class action on the ground that the offer to discount closing costs if purchasers used an affiliate did not violate RESPA; the district court agreed, concluding that "the mere offering of an option of ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
3 Jun, 2007 6:26 am by Prfhricik
Interesting former client case. Firm's engagement letter says client is "OSA Technologies, Inc., a wholly owned subsidiary of Avocent Corporation, and its affiliates," and so, said the court, the firm had represented OSA "and its affiliates" including the movant in a disqualification proceeding, which was an affiliate of Avocent. Avocent v. Redmond Corp., 2007 U.S. Dist. LEXIS 39736 (W.D. Wash. 2007). Methinks the ...
Legal Ethics Forum - http://legalethicsforum.typepad.com/blog/
26 Mar, 2008 11:28 am
... website operator obtained a defense verdict in an action brought by the FTC who alleged that Impulse Media Group, Inc. violated the CAN-SPAM Act by virtue of the acts of its affiliate marketers. In addition to the obvious impact in the affiliate industry, ... acts of its independent agents. Here, Impulse utilized various pro-active measures to combat misconduct by its affiliate marketers. Marketers should be clear that they police how their products/services are being marketed and to terminate those ...
Advertising Law Blog - http://www.promotionlawblog.com
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