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Features
It is a truth universally acknowledged that even the most well-written agreement never covers all potential issues that may arise in the future, and that when the rubber hits the road, the parties to the agreement never interpret its terms the same way.
Features
Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.
Features
An increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another. But can a sound texture be protected by copyright? This article provides a road map for lawyers and judges alike to navigate substantial similarity in non-traditional forms of music, with a particular focus on electronic music.
Columns & Departments
Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle<br>State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture
Columns & Departments
U.S. Supreme Court Strengthens Franchisors' Ability to Litigate In Chosen Forum <br>Arbitration Provision Not Enforced Against Franchise Transferee<br>Franchisor Entitled to Terminate Franchises Without Notice Based on Fraudulent Inducement
Features
A price charged by a franchisee that is too low can adversely affect other franchisees and the franchisor by discouraging the provision of pre- and post-sale services, eroding brand image and jeopardizing the ability to introduce new products by depressing price points. Although relatively rare, a franchisee also may cause marketplace problems by charging too high a price for an attractive, new product in great demand.
Features
When is a sale a sale? This question is much more than semantics or a deep philosophical debate that college accounting majors have over a nice cold keg of Mountain Dew. Many an executive or business owner has gone to jail over this issue.
Features
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Features
For nearly a decade ICANN has been working on a plan to expand the Internet. That process is underway right now, and the expansion will be taking place in just a few months as a slew of top level domains like .nyc, .apple, .citi, .green, .apple, .app, .llc, .club and hundreds more will be going live in the next few months.
Features
While law firms are increasingly modeling their business practices after their clients', one they have not been interested in mimicking is the accrual method of accounting.