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Commercial Law

  • In-depth analysis of a recent ruling

    March 27, 2014ALM Staff | Law Journal Newsletters |
  • 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.

    March 17, 2014Allan Colman
  • 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 Sports Illustrated.

    February 28, 2014Stan Soocher
  • 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.

    February 28, 2014Amanda Bronstad
  • Aereomay 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.

    February 28, 2014J. Alexander Lawrence, David S. Brown
  • 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.

    February 28, 2014Beata Krakus
  • 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.

    February 28, 2014Kyle-Beth Hilfer
  • 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.

    February 28, 2014Michael R. Graif and Jason Gottlieb
  • Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle
    State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture

    February 28, 2014Stan Soocher
  • U.S. Supreme Court Strengthens Franchisors' Ability to Litigate In Chosen Forum
    Arbitration Provision Not Enforced Against Franchise Transferee
    Franchisor Entitled to Terminate Franchises Without Notice Based on Fraudulent Inducement

    February 28, 2014Cynthia M. Klaus and Susan E. Tegt