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Revenue Image

Revenue

Michael Goldman

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

Content Owners' Pursuit of Secondary Infringement Claims Image

Content Owners' Pursuit of Secondary Infringement Claims

Alan R. Friedman

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

Protecting Your Brand in a New gTLD World Image

Protecting Your Brand in a New gTLD World

David K. Mitnick

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

Accounting Changes Could Cost Legal Industry Billions Image

Accounting Changes Could Cost Legal Industry Billions

Gina Passarella

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.

Features

Preparing for the Affordable Care Act Employer Mandate Image

Preparing for the Affordable Care Act Employer Mandate

Gregg Fisch & Michael Campbell

As of Jan. 1, 2015, the ACA begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its implications are almost a year away, it is not too soon for employers to prepare for the Employer Mandate. Employers would be wise to figure out if the mandate applies to them, understand the potential penalties that can be imposed on them and, taking into account all of the various considerations, decide if they want to pay or play.

Features

'Moneyball' for Litigators Image

'Moneyball' for Litigators

Jim Michalowicz

Big data is ubiquitous these days, but still largely untapped in legal circles. Litigators can take a page out of a sports team's playbook and use the patterns and trends found in data to make more informed decisions about case staffing, spend management, case strategy and probable outcomes.

Features

<i>Online Extra</i>Cost of Target Data Breach: $61M ' So Far Image

<i>Online Extra</i>Cost of Target Data Breach: $61M ' So Far

Andrew Ramonas

The recent massive data breach at Target Corp. so far has saddled the retail giant with a $61 million tab ' one that could rise in the future, the company said on Feb. 26.

Features

Intercreditor Agreements Image

Intercreditor Agreements

Sean Gillen

This is the third article in a series covering various aspects of intercreditor agreements.

Features

A Victory for Forum-Selection Clauses Image

A Victory for Forum-Selection Clauses

Lewis J. Cohn & John T. Precobb

A recent Supreme Court decision overturns both the United States District Court for the District of Western Texas and the U.S. Court of Appeals for the Fifth Circuit.

Features

<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test Image

<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test

Keola R. Whittaker

Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.

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