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Commercial Law

  • The U.S. District Court for the Southern District of New York ruled that the statute of frauds barred a counterclaim alleging breach of an oral agency agreement by songwriter/performer Akon to pay the agency commissions and reimbursement of the musician's travel expenses.

    April 27, 2012Stan Soocher
  • Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.

    April 27, 2012Nate Raymond and Mark Hamblett
  • Besides the many people in commercial sectors whose business model was decimated ' music sellers and travel agents, at the dawn of e-commerce, and, more recently, publishers of books and music ' sometimes that change can hurt any business and its people, and for no good reason.

    April 27, 2012Stanley P. Jaskiewicz
  • Highlights of the latest franchising news from around the country.

    April 26, 2012ALM Staff | Law Journal Newsletters |
  • Highlights of the latest franchising cases from around the country.

    April 26, 2012Alexander G. Tuneski
  • Unfortunately, on occasion, a franchisee's actions are so egregious that a franchisor decides that it needs to immediately terminate the franchise and declare that the relationship is irrevocably harmed: an incurable default.

    April 26, 2012Kevin Adler
  • Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.

    April 26, 2012Earsa Jackson
  • As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.

    March 30, 2012Elise Bloom and John Barry
  • The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This

    March 30, 2012Michael I. Rudell and Neil J. Rosini