Columns & Departments
Court Watch
Inconsistent Testimony Made Plaintiff Not Typical off Proposed Class <br>Franchisor Sanctioned For Failing to Prepare Its Representative for Corporate Deposition<br>Federal Court Enforces Franchisee Post-Termination Obligations
Features
Changes to Mental Disorders
The ACA is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and Americans with Disabilities Act (ADA) discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
Features
Seeking Quick Relief for Trademark Claims on Social Media Sites
Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. It is black letter law that trademark maintenance requires a trademark owner to maintain control over the quality of the goods and services associated with its mark. In the infringement context, this has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.
Features
Construction Contracts and Project Management
Whether designing and constructing a new retail center, a tenant finish-out or a renovation project, retail real estate developers, property managers and tenants interact with construction contracts, contractors, architects and other construction industry professionals on a regular basis. Those interactions may include lengthy, sophisticated contracts, very basic contracts or no written contract at all. This article addresses some of these common issues from the perspective of protecting the owner of the project.
Features
In-House Survey Suggests Best Practices for Vendors
In November 2013, I surveyed 26 predominantly administrative professionals throughout Fortune/Global 500 law departments. In addition to questions related to pricing predictions for hosting, review, processing, the future of predictive coding, the trend towards growing in-house teams and the expansion of managed services, I asked for their impressions of certain leading vendors in the market.
Features
Protect Your Brands on Social Media
Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.
Features
Intercreditor Agreements
This is the fourth article in a series covering various aspects of intercreditor agreements.
Features
Analysis of Sup. Ct. <i>Raging Bull</i> Ruling
Authors and other creators of copyrighted works scored a major victory in May when the U.S. Supreme Court eliminated a significant barrier to recovering damages for copyright infringement.
Features
Court Orders Identity of 'Company Doe' Revealed
The sealing of the identity of a company that fought to block public access to a consumer safety report was improper, the Fourth Circuit Court of Appeals has held, ordering the disclosure of its name and publication of case documents.
Features
Reclassification of Obesity and Changes to The Manual of Mental Disorders
The Patient Protection and Affordable Care Act (ACA) is not the only health care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict. These changes may result in an increased number of workers' compensation and ADA discrimination claims, but hopefully, they will also result in a greater emphasis placed upon prevention and treatment.
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