Commercial Law

From YouTube's perspective, taking burdensome steps to prevent the posting of potentially infringing content could destroy the business model and consumer goodwill upon which it relies. [Although YouTube recently announced it was tesing a new copyright filtering process.] This information sharing/rights protection dilemma is not solely limited to YouTube ' many Web sites and other service providers face decisions every day concerning the propriety of user-generated content. The U.S. Copyright Act may provide a critical solution to that dilemma.

The 'classic' product liability lawsuit against the Chinese manufacturer raises many issues, including, but not limited to, jurisdiction, forum non conveniens, and the uncertainty as to whether traditional U.S. product liability or tort defenses apply. Probably the most important issue, enforcement of any judgment in China, is also either unchartered or risky territory for a claimant.

Entrepreneurs have traditionally dreamed of creating family businesses that would last for generations. Certainly, everyone has seen the stickers and other marketing testifying to a firm's and its founding family's decades of service, and their stability and track record. But in today's constantly changing e-commerce world, a business often must reinvent itself several times in one generation, much less plan to last for several.

This three-part article provides a pointers for the Prime Landlord, Sublandlord, and Subtenant to consider when negotiating provisions relating to subleasing.

To review another party's form commercial retail lease adequately and completely, one must analyze all the attached exhibits. Do the exhibits to the lease either supplement the lease or potentially modify its terms and conditions. This article covers: 1) commencement date memorandum; 2) estoppel certificates; 3) exclusives and prohibited uses; and 4) rules and regulations.

The U.S. Supreme Court has often declared that the bankruptcy court is a place strictly reserved for 'honest debtors.' And while that connotes individuals, there is no escaping the implication that it is just as applicable to businesses that should only be seeking to advance legitimate ends via the bankruptcy process. Yet, an even more direct admonition to all who may file a bankruptcy case is the requirement of 'good faith,' a concept general enough to be adaptable, but strict enough to require entrants to come into the proceedings with the proverbial 'clean hands.'

It's an apparent contradiction, or maybe an irony, but it's a fact that e-commerce merchants, like their medieval predecessors, often use their own lex mercatoria, or merchant law, in lieu of traditional law. Online marketplace managers, like those who managed medieval fairs, regularly require participants to change their behavior or face banishment. Medieval merchants resolved difficulties in accord with notions of fair dealing rather than invoking a specific body of substantive principles. As an anachronistic consequently, e-commerce participants might find that the substantive law of merchants is applicable to e-commerce, and e-commerce counsel may, in some instances, want to recommend that clients take this tack.

For years, e-commerce writers have distinguished the 'bad, old bricks-and-mortar' world from the 'new and improved' e-commerce economy. But recently, the marketing, purchase and sale of real estate have all begun to join online.