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January 2017 Archives

Qualcomm sued by Apple for royalty, licensing issues

The news cycle has been dominated by the Trump administration and its actions in the last 10 days. While this is certainly understandable and necessary for the media to report on, this is a business litigation blog -- and so in that respect, we'd like to focus your attention on a business story that may not have caught your attention recently given the national issues that are at the forefront at this time.

Unfair competition is a difficult matter to pin down

Unfair competition laws are on the books in every state, as well as at the federal level. These rules are in place to ensure companies that they are not being undercut or unfairly treated in the marketplace by their competitors. In addition to that, the law helps to protect the intellectual property that companies have.

Deadline pushed back as Charter, NBCUniversal try to reach deal

Charter Communications, a provider of cable television and a telecommunications company, was sued back in July of 2016 by Fox News. Charter was allegedly trying to secure Fox programming for cheaper than the market price, and was attempting to do so by illegal means. In recent weeks, Charter has been in negotiations with NBCUniversal over securing their extensive package of TV channels and properties -- and now those negotiations are going south too.

Banana Republic's 40% Off Sale Leads to Unfair Competition Claim; Misleading Advertisement Could Not Be Cured at Point of Sale

In Veera v. Banana Republic, LLC, a California Court of Appeal recently reversed a judgment in favor of Banana Republic in a false advertising class action based on in-store ads promoting a 40% off sale. The plaintiffs alleged they were lured into Banana Republic stores after seeing ads in store windows stating "40% off." Plaintiffs learned at the cash register that the discount did not apply to the items they wanted to purchase. Out of frustration and embarrassment, plaintiffs claim they bought some but not all of the items they selected at full price. They later sued for violations of California's Unfair Competition Law ("UCL") at Business and Professions Code sections 17200 and 17500, claiming the "40% Off" signs were misleading because they did not disclose that the discount only applied to certain items.

Contract disputes and your Orange County business

In our blog, we often discuss the nature of contract disputes. We choose these kinds of topics because we understand the impact a contract dispute can have on businesses operating in the Orange County region. Most people never expect a dispute to arise, but the reality of the situation is that they often do arise and can be quite damaging.

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