Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Law Firm Mergers
Allan Colman
When larger firms move into a new market by merging with a smaller, local firm, increased billing rates often cause the small firm's long-term clients to seek more affordable counsel.
Features
Commemorative Ad Isn't Protected Free Speech
Stan Soocher
Entertainment trade publications often compile special issues and sections that include tribute ads commemorating celebrated individuals and events. The U.S. Court of Appeals for the Seventh Circuit weighed in on the practice in the context of free speech regarding an ad in a special issue of the consumer imprint <i>Sports Illustrated</i>.
Features
Ninth Circuit Upholds WA State Publicity Rights Amendment
Amanda Bronstad
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
Features
Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case
J. Alexander Lawrence, David S. Brown
<i>Aereo</i>may turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.
Features
The Implied Covenant of Good Faith and Fair Dealing under U.S. Law
Beata Krakus
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
<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels
Kyle-Beth Hilfer
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
Copyright Concerns In Electronic Music
Michael R. Graif
&
Jason Gottlieb
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
Bit Parts
Stan Soocher
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
Court Watch
Cynthia M. Klaus
&
Susan E. Tegt
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
Dictating or Encouraging Franchisee Pricing
Eugene F. Zelek, Jr.
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.
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