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Commercial Law

  • There is considerable information available in cyberspace ' much of it interesting, some of it damning, and some of it false. Obtaining that information feels risk free and virtually untraceable. However, the universe of employment laws applies to much of what happens when virtual sleuthing yields tangible job consequences.

    October 26, 2009Josh Davis and Neil McKittrick
  • This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The what and how of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about why a lawyer might want to use social media.

    September 29, 2009Evan Brown
  • A byproduct of the frozen credit markets was the unexpected contraction of available debtor-in-possession financing (DIP financing). Historically, DIP financings have had the lowest default rates among commercial loans, and until the recent market disruption, only two significant DIP loans had defaulted, and only one of those resulting in a sub-par recovery.

    September 29, 2009Michael H. Torkin and Danielle B. Kalish
  • This article: 1) as a matter of background, discusses the basic economics of a TALF loan backed by equipment ABS and provides a general overview of the collateral eligibility requirements of TALF relating to equipment ABS, and 2) discusses the key hurdle (i.e., achieving a AAA rating) prospective issuers have encountered, and will likely continue to encounter in the near term under the existing paradigm, in their attempts to structure and execute equipment ABS in the current market.

    September 29, 2009J. Benjamin Earthman and Evan Wilkoff
  • Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

    September 29, 2009Jonathan Bick and Karen Berger
  • A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.

    September 29, 2009Mark Hamblett
  • Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.

    September 29, 2009Richard Raysman and Peter Brown
  • The Second Circuit's recent decision in Rescuecom Corp. v. Google, Inc. is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications.

    September 29, 2009Peter Kent
  • CLAIMS OVER PHOTOS, PERFORMANCE IN DVD
    COPYRIGHT INFRINGEMENT/SAMPLED RECORDING

    September 29, 2009Stan Soocher
  • Internet gambling proponents suffered a major setback when a federal appeals court refused to strike down a 2006 law in which Congress banned all Internet gambling transactions that would be illegal in the gambler's state.

    September 29, 2009Shannon P. Duffy