Plaintiffs filed a nationwide class-action alleging that the client violated the Fair and Accurate Credit Transaction Act (“FACTA”) by printing credit card expiration dates on millions of customer receipts for online transactions. The potential damages exceeded $1 billion. Drafted a motion to dismiss based on a creative interpretation of the statute while simultaneously participating in a joint Congressional lobbying effort to amend FACTA to exempt online transactions. The
A State Attorney General alleged that product packaging of a major software manufacturer was false and misleading. Prepared a presentation for the Attorney General’s office and developed modified product packaging; obtained a settlement for a nominal fee. #UnfairCompetition #BusinessLitigation
Mr. Colt represented one of the world's largest software manufacturers in multiple suits for trademark infringement and false advertising brought by H&R Block. The suits included extraordinarily accelerated time-tables, beginning with proceedings for a temporary restraining order and a permanent injunction. One such suit resulted in an unprecedented reversal of a temporary restraining order by the Eighth Circuit Court of Appeals in only five hours. Each suit settled on ext
Client was served with a complaint and a motion for a temporary restraining order at approximately 5:00 p.m. Opposition papers were due 8:00 a.m. the following morning. Alleging trademark infringement and false advertising, the plaintiff demanded that the client immediately dismantle a $20 million nationwide advertising campaign that included television, radio, and billboard advertisements, as well as 20,000 taxi-top displays.
We worked throughout the night preparing the
After two years of litigation including removal to federal court and extensive motion practice, Mr. Colt obtained a favorable settlement on behalf of a semiconductor manufacturer which had been sued for an amount in excess of $30 million for breach of contract, breach of implied warranties, unfair competition and related claims. #UnfairCompetition #BusinessLitigation
Representing Coppola Salerno, a major grower and retailer in Italy and other international markets, Mr. Colt successfully settled a trademark, false advertising, and unfair competition suit brought by one of Francis Ford Coppola's corporations in the United States. #UnfairCompetition #CopyrightTrademark
Representing Kate Paley, daughter of CBS Founder William Paley, Mr. Colt obtained a favorable settlement against Silicon Valley investor Nova Spivack. The suit alleged causes of action for fraud, unjust enrichment, false advertising, and breach of contract. More coverage is available at TechCrunch. #UnfairCompetition #BusinessLitigation