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Vicarious Liability Image

Vicarious Liability

Rupert M. Barkoff

When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?

Features

In the Spotlight: Lease Restructures Image

In the Spotlight: Lease Restructures

Elizabeth Cooper & Gregory McCavera

Although landlords do not want excess space to lease in a down market, there may be benefits to the landlord of a steady long-term income stream that offsets the impact of additional vacancy. In sum, for each side an early lease restructure may make sense.

Features

Drafting Better Commercial General Liability Insurance Requirements Image

Drafting Better Commercial General Liability Insurance Requirements

Aaron Potter

A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.

Features

Offshore, But Not Off-Center Image

Offshore, But Not Off-Center

Joanne Collett & Martin Ouwehand

The recent insolvencies of offshore-based mutual funds have presented challenges for international comity when it comes to the complex issues of cross-border insolvency.

Features

Proving Contributory Online Trademark Infringement Image

Proving Contributory Online Trademark Infringement

Richard Raysman & Peter Brown

The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

Features

Recourse Strategies In the New Age of .XXX Domain Names Image

Recourse Strategies In the New Age of .XXX Domain Names

Erin S. Hennessy & Jennifer R. Ashton

As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.

Features

Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs Image

Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs

Michael I. Rudell & Neil J. Rosini

To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.

Features

Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs Image

Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs

TJ Thurston & Scott Devens

ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Enter the Seventh Circuit Electronic Discovery Pilot Program.

Features

Japan and International Child Abduction Image

Japan and International Child Abduction

MariaJos' Delgado & Lori K. Shemtob

Last year, Japan finally announced its intention to sign the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Unfortunately, its reputation as a black hole of parental child abduction might not be lost so easily.

Features

Four Rules for Tax-Exempt Organizations Image

Four Rules for Tax-Exempt Organizations

Ofer Lion

The use of volunteers and interns by nonprofits comes with legal risks, which may be reduced by following four basic rules. This article discusses both federal and California state law.

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