Features
How California Courts Should Handle Implied Good-Faith Obligation
Contract-drafting expert Kenneth A. Adams offers recommendations for California courts to consider on what he believes is a faulty court of appeal decision on a still cloudy, implied covenant issue in the state's jurisprudence.
Features
Employer's Guide to GINA
GINA was enacted out of concern that discrimination based upon a person's genetic information could result in the loss of health coverage or employment. Here's what employers need to know.
Features
<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases
A federal appellate court has thrown out a class action settlement between freelance writers and online publishers and databases that archived the writers' work without pay, saying that the pact approved by the lower court did not represent the interests of all class members.
Features
<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B
Hewlett-Packard made its most aggressive move yet to transform itself into a modern business provider by acquiring e-discovery and document management giant Autonomy for $10.3 billion.
Features
Keyword Advertising and Trademark Infringement Update
This article reviews keyword advertising generally and discusses recent developments in keyword litigation.
Features
How Joint Venture Was Developed for Touring Bands
This year, three bands boarded a vintage train for a tour through the American Southwest. The bands formed a joint venture to manage their Railroad Revival Tour and control revenues and related intellectual property, including a documentary DVD. <b>Matthew V. Wilson</b>, an associate at Atlanta, GA's Arnall Golden Gregory who structured the deal, describes the arrangement in the following interview.
Features
Analysis of Decision By Supreme Court on Video Games
Supreme Court Justice Antonin Scalia and his teammates recently mowed down California's ban on violent video games with fully loaded First Amendment precedents and barbed retorts to opposing arguments. In doing so, the U.S. Supreme Court reinforced a fundamental point: First Amendment protections do not depend on the medium of communication. Thus, video games are protected speech, and restrictions based on their content will be subject to strict scrutiny.
Features
State Legislatures Consider UCC Article 9 Amendments
In early 2009 we reported about the formation by the Uniform Law Commission and the American Law Institute of a drafting committee to consider the first comprehensive set of changes to Article 9 of the Uniform Commercial Code since the amendments approved in July 1998. Given that approximately six months have elapsed since the launch of the legislative approval process for the 2010 amendments, we thought it an opportune time to review the progress of adoption of these amendments.
Features
The Case of the Broken Checklist
Intellectual property rights, such as a domain name, and trademarks and copyrights, can far outweigh an e-commerce enterprise's (and other types of businesses') tangible assets in value — and must be covered in the checklists that loan officers and outside counsel review to complete loan documentation.
Features
Protecting IP Rights in a New gTLD World
The International Corporation for Assigned Names and Numbers, the international body governing Internet naming and addressing practices, approved in June a plan that allows for a virtually unlimited number of new generic top-level domains (new gTLDs), including new non-English, character-set international domain names. Companies concerned with protecting intellectual property rights have two ways to address the issue — to the right of the dot and to the left of the dot.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›