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Commercial Law

  • Keeping track of and complying with copyright laws can be difficult, especially for ISPs and social-media companies that provide services to a global market. Many countries have developed specific legislation to help protect such entities from liability relating to the activities of their users. Unfortunately, the laws are not uniform ' or are not interpreted consistently ' and therefore compliance requires knowledge of the nuances among them.

    October 28, 2011Craig R. Smith
  • While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.

    October 28, 2011Alan M. Christenfeld and Barbara M. Goodstein
  • One of the difficult balancing acts encountered by all franchise systems is between the relatively static nature of the franchise agreement and the dynamic, impossible-to-predict changes that occur in the real world. At the 34th Annual ABA Forum on Franchising, two industry veterans with perspective as senior in-house counsel spoke about how in-house counsel can identify potentially "game-changing" developments and lead their organizations' response.

    October 27, 2011Kevin Adler
  • In the absence of the implementation of the CLASS Act, employers who have not done so already might want to consider offering a private long-term-care insurance plan with an enrollment strategy that touches on paying for and planning for long-term care.

    October 27, 2011Kim Natovitz
  • In the arsenal of weapons available to federal prosecutors, a singularly effective one is immunity for witnesses the government deems important to its case. But perhaps equally as effective is the reverse ' the government can decline to request immunity for witnesses who may be critical to the defendant's case.

    October 26, 2011Stanley A. Twardy Jr. and Doreen Klein
  • It is widely known among matrimonial practitioners that almost all cases settle ' well above 95%, in fact. It is also widely known that if, when, and how settlement is reached depends on countless factors.

    October 25, 2011Laurence J. Cutler and Robert A. Epstein
  • The use of P.A.s presents a number of medico-legal issues for a practice that must be considered, both by medical practitioners and their legal counsel. Failure to do so could result in increased liability exposure for the physician and the practice.

    October 24, 2011Barry B. Cepelewicz and Richard J. Nealon
  • Last month, we discussed the rising incidence of deaths related to hospital-acquired infections. With the accompanying publicity of the dangers MRSA infection poses, it is not surprising that litigation in this area is also on the rise.

    October 24, 2011Brandon Swartz
  • This article describes a handful of the communication complaints that law departments often encounter, and offers some ways to address them.

    October 23, 2011Rees W. Morrison