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Commercial Law

  • Consumer Suit Over Beats Music App Sent to Arbitration
    No Right of Publicity Claim for Company, But Individual with Same Name as Company Can Proceed
    "Procure Employment" Clause in California Talent Agencies Act Survives "Vagueness" Challenge

    September 02, 2015Stan Soocher
  • Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.

    September 02, 2015Lisa Shuchman
  • Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.

    September 02, 2015Hal Marcus
  • Spousal guaranties are about to receive additional scrutiny now that the United States Supreme Court has decided to grant certiorari to a decision by the Eighth Circuit regarding whether a spousal guarantor is an "applicant" entitled to bring an action under the Equal Credit Opportunity Act and related implementing regulation (Regulation B).

    September 02, 2015Dennis A. Dressler
  • Infidelity website AshleyMadison.com and its parent company Avid Life Media Inc. have been hit with a pair of class actions in Los Angeles federal court stemming from the site's recent data breach.

    September 02, 2015Ross Todd
  • The American Land Title Association (ALTA) recently announced it has expanded the availability of its Best Practices Framework resources to non-members. Title agencies can use the framework to demonstrate compliance to lenders, who need to meet regulatory requirements regarding oversight of their third-party service providers. Law firms that have a title agency and those that are considering adding one in the future should be aware of ALTA Best Practices.

    September 02, 2015Steven A. Davis and Jorge Rey
  • Having been urged to do so by the Supreme Court, the Federal Circuit recently expanded liability under 35 U.S.C. '271(a) for direct infringement of a method patent involving more than one actor (divided infringement).

    September 02, 2015Elizabeth B. Hagan and David K. Tellekson
  • When organizations discuss ESI, it almost always revolves around three core groups: legal and/or compliance; records management; and, of course, IT. Despite the fact that they all are responsible for important business functions associated with this data, they are seldom on the same page.

    September 02, 2015Doug Yarabinetz
  • When responding to e-discovery events such as audits or potential litigation, the cost of persisting with older, traditional methods for key parts of the process can nearly bankrupt a company. Modern archiving technologies that consolidate and proactively store content in a single "search-ready" repository are now playing a crucial role within next generation 2.0 e-discovery processes.

    September 02, 2015Mike Pagani
  • A California Court of Appeal recently affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.

    September 02, 2015Stephanie J. Kim