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Commercial Law

  • The U.S. District Court for the Northern District of Georgia, Atlanta Division, dismissed a lawsuit brought by hip-hop dancer Ereina "Honey Rockwell" Valencia over Universal's Honey and Honey 2 movies, released respectively in 2003 and 2011.

    December 31, 2014Stan Soocher
  • Federal Circuit Finds Internet Method Unpatentable Under Alice
    Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent

    December 31, 2014Jeffrey S. Ginsberg and Wyatt Delfino
  • Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.

    December 31, 2014Lisa Shuchman
  • The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?

    December 31, 2014Glenn Plattner and Kristy A. Murphy
  • Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory
    No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor

    December 31, 2014Cynthia M. Klaus and Susan E. Tegt
  • The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.

    December 31, 2014Joshua Kaufman
  • Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, Brulotte has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.

    December 31, 2014Sean Gates and Jeny Maier
  • The collective weight of the new year is upon law firm managing partners, with the season being that of collections, partner compensation and rate-setting. And the latter has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates and alternative fee deals are a growing part of firm revenue.

    December 31, 2014Gina Passarella