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Commercial Law

  • A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.

    December 31, 2015P.J. D'Annunzio
  • Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request
    Forum Selection Clauses Are Alive and Well

    December 31, 2015Charles G. Miller and Darryl A. Hart
  • In December, Cravath, Swaine & Moore circulated an internal memo setting associate bonuses according to the same scale set in 2014 by Davis Polk & Wardwell. First- and second-year associates will receive up to $15,000, while senior associates can make as much as $100,000.

    December 31, 2015Neil Gluckman
  • This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

    December 31, 2015Matthew R. Porio
  • Fair Use of Abbott and Costello "Who's on First?" Comedy Routine
    Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity

    December 31, 2015Stan Soocher
  • On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.

    December 31, 2015Thomas D. Selz
  • It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .

    December 31, 2015Lawrence Klein and Aaron F. Mandel
  • Electronic discovery professionals should consider a future where their current skills no longer merit the salaries they are accustomed to commanding. The current talents and knowledge bases that allow for professional leverage or vertical mobility in today's e-discovery job market still have, and will always have, immense value to their employers. However, the growing reality is that employers will not need ' or be able ' to compensate the professional population with premiums in salary.

    December 31, 2015Jared Coseglia
  • In ClearCorrect Operating, LLC v. ITC, the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.

    December 31, 2015Bryan Kohm and Stefan Szpajda
  • The delivery and discovery of media over the Internet has left the hackers and pirates behind and become part of the licensed distribution chain, just as videotape did. The term "file sharing" is now more likely to describe a multi-billion dollar, cloud-based collaboration platform than a piracy site. And courts are beginning to examine the law of contributory infringement in that complex new context, as U.S. District Judge Andrew Carter did recently in Smith v. BarnesandNoble.com.

    December 31, 2015Stephen M. Kramarsky