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Commercial Law

  • When a key employee leaves an entertainment company, it can be traumatic for all concerned. These days, such an employee is often subject to restrictive non-compete covenants that are designed to protect the prior employer. Such covenants typically prohibit competition, solicitation and the disclosure of confidential information. In considering litigation relating to such agreements, the following tips may help guide the analysis.

    August 01, 2016Cord Clayton
  • While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom's historic vote to leave the European Union will affect the future. Intellectual property owners have a variety of mechanisms available for the protection of their patents, designs and trademarks, and Brexit has different significance depending upon how intellectual property protection in the UK was obtained.

    August 01, 2016Lawrence E. Ashery
  • When the FTC ramped up its scrutiny of so-called "native" advertising this year, regulators faulted the department store chain Lord & Taylor for failing to disclose that seemingly objective promotions of a clothing collection were, in fact, paid for by the fashion retailer. Then in July 2016, the FTC showed that a company can make disclosures but still fall short of being fair to customers.

    August 01, 2016C. Ryan Barber
  • Your favorite internal client has just messaged you about a new contract that needs a rush review. The counterparty is reportedly one of the hottest new "fintech" companies in Silicon Valley. You are the master of all things vendor contract-related in your shop, but perhaps this is the first fintech contract to cross your desk. This article addresses some of the special issues that might be presented by this sort of contract.

    August 01, 2016Bryan G. Handlos and Kevin F. Griffith
  • Have you heard? 70% of the U.S. Internet population are using social media and more than 50% of them are over the age of 35 (that's right ' it's not just millennials). But did you know that in-house counsel are active social media participants? In fact, their usage is growing and today nearly two-thirds of general counsel are engaging at least weekly in social media for professional reasons.

    August 01, 2016Adrian Dayton and Jeff Litvack
  • Consumers, particularly online shoppers, are constantly looking for a discount. Given that "nobody pays retail anymore," online retailers are facing increased challenges when comparing their own discounted prices to original or suggested retail prices. As a result, retailers are being accused with greater frequency of exaggerating discounts in comparison to inflated original prices.

    July 01, 2016Andrew B. Lustigman and Scott A. Shaffer
  • Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.

    July 01, 2016John G. Kelly
  • Issuing its second decision in Supap Kirtsaeng's long-standing dispute with John Wiley & Sons ' and its first copyright decision in nearly two years ' the SCOTUS recently clarified the applicable standard for evaluating the appropriateness of an attorney's fee award under Section 505 of the Copyright Act, holding that a district court should give substantial weight to the objective reasonableness of the losing party's position, while also taking into consideration all other circumstances relevant to the attorney's fees inquiry.

    July 01, 2016James A. Trigg and Sabina Vayner
  • It is no surprise to anyone that certain industries are more of a target for cyber criminals than others, although today all businesses are likely on the radar. The financial institutions and large retailers usually get most of the attention. However, four industries are high-value targets, and lag behind the preparation curve: hospitality, healthcare, higher education and legal.

    July 01, 2016Collin Hite