A DIY Network celebrity accused 's client of violating Civil Code section 3344 by using his image without authorization to sell products. The celebrity's expert opined that the celebrity's damages were not less than $16 million,...
Business Torts
Is the marijuana injury poised for growth?
The stock market took a beating last week. It appears that fears of a burgeoning economy may lead to interest rate hikes. This effectively led to the Dow Jones Industrial Average losing a considerable amount of points this week. This week’s losses mark a third...
Common business torts explained
People are in business to make money; that much is easy enough to understand. However, the road to success in business is not always paved in gold. In fact, it can be fraught with more cracks, potholes and backed up with more traffic than I-10 on a Tuesday afternoon....
Three ways to emerge from serious business gaffes
For businesses, being in a lawsuit brings the potential to realize damages that extend far beyond the courtroom. Legal battles (and scandals) could put a company’s market share in jeopardy since public trust is also a valuable commodity. Sometimes scourge...
Volkswagen works toward redemption
The fallout from the Volkswagen fraud case is apparently turning into further business opportunities for the State of California and vulnerable communities. As part of the multibillion dollar settlement between state and federal regulators and the German automaker...
Three ways to protect business assets in financial downturns
While the market has not shown much of the volatility that investors came to expect over the past few years, abrupt changes to the market can threaten investors’ confidence and lead to further financial turmoil. Because of this, prudent businesspeople plan for...
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...
On trade libel and the controversies it can create
Imagine that you are a small business and you are trying to grow into a successful company. In order to do this, there are a lot of factors that need to fall into place just so. You need a great product or service; you need to implement that product or service...
What are the requirements for tortious interference?
All business owners, managers and sales people know about competition. Competition is actually a vital part of most marketplaces, as it drives the market forward. That doesn't mean it isn't sometimes frustrating for those involved, and there are times with other...
Businesses subjected to unfair competition have rights
So much can be at stake in competition between businesses. Thus, it is of little surprise that such competition can get rather heated. In the midst of such heated competition, there are many different tactics a business may turn to try to get a leg up on their...