July, 2019

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Greenspoon Marder Intellectual Property Blog: Profit Awards in Trademark Cases: Supreme Court to Decide Whether Willfulness Is Required

Greenspoon Marder LLP

By: Sharon Urias, Esq. On June 28, 2019, the United States Supreme Court granted certiorari to Romag Fasteners, Inc. v. Fossil, Inc., a case involving the question of whether profit awards in trademark cases require evidence that the infringer acted “willfully.” Romag, a manufacturer of magnetic snaps and fasteners, first sued Fossil, a fashion accessory brand, in 2010 for patent […] The post Greenspoon Marder Intellectual Property Blog: Profit Awards in Trademark Cases: Supreme Court to D

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More Fun With The Fair Debt Collection Practices Act

GDB Firm Blog

In my April 15 blog, I urged banks to dumb down their collection letters because whether a letter is misleading under the FDCPA (and its state and city equivalents) is measured by how it is read by the least sophisticated consumer. In banking and finance, there is a court decision on an FDCPA appeal every week, topped only by foreclosure appeals. Last week, a federal judge in New York allowed a debt collector defendant to escape, but only by the skin of its teeth.

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I Didn't Read What I Signed So I'm Not Responsible!

GDB Firm Blog

Nice try, but not in New York, at least in commercial transactions where there was no other hanky panky. Borrowers and guarantors in a commercial transaction are presumed to know the contents of the documents that they sign. An appellate court for Manhattan reaffirmed that principle last month. Even when the guarantor testifies that he did not read the document, he is still bound by it.

Copying 40
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The Law Of Unintended Consequences - Reusing Appraisals After New York Rent Laws Were Revamped

GDB Firm Blog

Last month, New York State's residential rent statutes were substantially rewritten. For now, let's focus on appraisals of multifamily buildings. FDIC appraisal regulations permit a bank to re-use an existing appraisal for a subsequent modification or extension of a loan, even when new money is advanced, if "There has been no obvious and material change in market conditions or physical aspects of the property" that threatens the adequacy of the collateral protection." Many

Law 40
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Don't Ignore An "Out Of The Blue" Documentary Collection Even If You Don't Handle Trade Finance

GDB Firm Blog

A bank gets an overnight courier package with a bill of lading for goods shipped from India along with a draft asking the bank to pay $900,000 to the company in Mumbai that drew the draft. You are the officer who opens the package. You had previously denied the purchaser's application for a letter of credit to finance the purchase of the goods.

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Proof of Insurance - Beware of Acord Forms (Adapted from an article to be published in the New York Business Law Journal)

GDB Firm Blog

Banks are often given an ACORD 25 "Certificate" of Liability Insurance and an ACORD 28 "Evidence" of Commercial Property Insurance as proof of insurance. ACORD is an insurance industry trade group that creates forms designed to satisfy the insurance industry, not bank mortgagees or and insurance consumers. An ACORD certificate summarizes information about insurance coverage.