Commercial Law

  • 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.

    May 02, 2014Frank Cragle and Jaime Wisegarver

  • Maximizing Value

    Directors of a leveraged company should begin to consider the implications of not being able to access traditional debt markets on appropriate terms. This article highlights the initial steps, questions and concerns typically facing a director in this new environment.

    May 02, 2014Michael H. Torkin

  • M&A Shareholder Litigation

    One practical aspect of disclosure-only settlements that has received little attention is the practice of providing lengthy individual mailed notice of the disclosure-only settlement to class members, which results in additional (and largely unnecessary) costs that, depending on the number of beneficial owners requiring notice, can exceed tens of thousands of dollars.

    May 02, 2014Veronica Rend?n and James Thomas

  • What Should the Filing Time Be for Common Law Copyright Infringement Suits?

    Rights in pre-Feb. 15, 1972, sound recordings ' which are protected by state law, rather than federal copyright law ' are hotly litigated in the digital music era. On April 17, for example, major record labels sued the music-streaming service Pandora in New York Supreme Court in Manhattan. The suit alleges common-law copyright infringement and unfair competition from Pandora's use of pre-1972 recordings.

    May 02, 2014Stan Soocher

  • Cameo Clips

    Actor's Agreement Gave Merchandising Rights to Production Company
    E-Book of English Translation of Novel Isn't Derivate Work

    May 02, 2014Stan Soocher

  • What Do You Want The Arbitration Award to Say?

    After a bitterly contested four-day arbitration hearing in which attorney Bob represented the franchisor, the sole arbitrator awarded the claimant everything it had sought in this fight between franchisor and franchisee. It was a devastating loss for Bob and his client. However, there was good news as far as Bob was concerned. Why? The arbitrator did not explain the reasoning for her award.

    May 02, 2014Charles F. Forer

  • Supreme Court Rules on Standing In False Advertising Cases

    Until the Supreme Court's recent decision in Lexmark International v. Static Control Components, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.

    May 02, 2014Tiffany R. Brown

  • Bit Parts

    Copyright Infringement Damages Not Dischargeable in Bankruptcy
    Verbal Partnership May Have Existed to Develop MSNBC's The Ed Show

    May 02, 2014Stan Soocher

  • Mob Wives Star's Suit Sparks New Look at NY Publicity Rights

    Earlier this year, former Mob Wives TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the Grand Theft Auto V video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?

    May 02, 2014Elizabeth McNamara and Samuel M. Bayard