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Commercial Law

  • If your business is like many retail-driven franchises, you have unwanted inventory hogging valuable storage space and putting a drag on your bottom line. The good news is, there is a way to turn that outdated stock into a hefty asset. One that doesn't involve profit-devouring discounts or liquidation hassles. It's called product philanthropy. And for franchises that hold C Corporation status, it's one of the best kept secrets of the IRS tax code.

    December 31, 2014Gary C. Smith
  • Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.

    December 31, 2014Abraham D. Sofaer
  • In a recent case, two large law firms and a major corporation failed to scrutinize a UCC-3 termination statement and may have inadvertently allowed $1.5 billion in indebtedness to become unsecured.

    December 31, 2014Christopher M. Winter
  • Former Blue Notes Member Loses Suit Over DVD of Soul Train Performances
    "Whoomp!' Song Rights Go To Alvert Music.

    December 24, 2014Stan Soocher
  • The movie industry was already having a bad week with the Sony hacking and then the fallout between North Korea and Hollywood over 'The Interview.' Now Kent Walker, Google Inc. senior vice president and general counsel,'has spoke out against the Motion Picture Association of America'in a blog post on Dec. 18. He says he is 'deeply concerned' about reports the MPAA has led a secret campaign to revive failed Stop Online Piracy Act (SOPA) legislation. '

    December 24, 2014Marlisse Silver Sweeney
  • In-house counsel for eBay Inc., Google Inc. and the National Music Publishers' Association agreed last month that the U.S. copyright system needs improvement, but they offered different views about how to approach reform.

    November 30, 2014Andrew Ramonas
  • In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement.

    November 30, 2014Stan Soocher
  • When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.

    November 30, 2014Andre Bywater and Jonathan Armstrong
  • For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.

    November 30, 2014Lisa Shuchman