Topic
Disclaimers
33 published works
Herold Gie News
WHEN A SAFARI GOES WRONG: CAN TOUR OPERATORS HIDE BEHIND DISCLAIMERS?
By HGAdmin
Adventure tourism often promises unforgettable experiences, breathtaking landscapes, close encounters with wildlife, and the thrill of exploring unfamiliar terrain. But when something goes wrong, an important legal question arises: can…
Commercial Case Notes
Specific Disclaimer Barred Fraudulent Inducement Counterclaim
By John Lundin
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in SensorTower, Inc. v. Similarweb Ltd., 2025 NY Slip Op. 32998(U), holding that a…
The Fiduciary Litigator
Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust Was Terminated And A Disclaimer Was Effective, And Affirmed An Award Of Attorney’s Fees Against The Trustee And A Refusal To Allow A Trustee To Reimburse Herself From Trust Assets
In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did…
Global Policy Watch
What You Need to Know about the FEC’s New Internet Communications Disclaimer Rules
February 10, 2023, Covington Alert Political committees, advertisers, and advertising platforms have operated under a cloud of uncertainty regarding which disclaimers, if any, must appear on internet-based advertisements. Existing Federal Election…
California Corporate & Securities Law Blog
Did The Ninth Circuit Find That Intent Matters In Determining Whether A Partnership Had Been Formed?
Earlier this week, I wrote about a recent article by Professor Douglas K. Moll that argues that treating contractual disclaimers of partnership as dispositive is inconsistent with modern statutes, including…
@AdlerLaw
Ping® May 2022 – Improving Affiliate Engagement
By David Adler
Affiliate Marketers: Want to learn best practices, strategies, and tactics from a seasoned legal professional who works with businesses and regulators at the federal and state levels? David Adler takes…
ContractsProf Blog
Thinking About Disclaimers
I'm not a fan of disclaimers, and yet my instincts diverge in two cases that I taught last week and this week. My students' instincts, no more consistent than mine,…
Ogden Glazer + Schaefer Blog
What is a Trademark Disclaimer, Anyway?
Taking a slight break from the current news and topics this week to talk about our favorite topic at OG+S: trademarks. A Little Background: Not every word or phrase in…
All About Advertising Law
Think Asterisks Don’t Matter?*
By Tyler Hale, Leonard L. Gordon
Every brand that has designed a product label has felt the call of the asterisk. Visual real estate on packaging and in advertisements is limited, and marketing departments often groan…
Marks, Works, and Secrets
TTAB Guidance on Disclaimers and Acquired Distinctiveness: “Furniture Warehouse” Must Be Disclaimed, But “American” Need Not
By Ira S. Sacks, Rachel B. Rudensky
In a precedential decision, the United States Patent and Trademark Office, Trademark Trial and Appeal Board (“TTAB” or the “Board”) affirmed a refusal to register the logo: absent a disclaimer…