Features
Preparing for the Affordable Care Act Employer Mandate
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
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
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
This is the third article in a series covering various aspects of intercreditor agreements.
Features
A Victory for Forum-Selection Clauses
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
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.
Features
Tensions Between Authors' Contracts for Book Publishing and Film Production Rights
The agreements authors make with companies that publish their books ' and with the production companies that make films based on those books ' have changed significantly over the past several years. Due in part to the kind of films currently being produced and to available new technologies (particularly for books), these changes have introduced conflicting overlaps between the two types of contracts.
Features
The Dimensions of 'Goodwill' in a Law Practice Sale
One of the thorniest issues in selling a law practice involves the issue of goodwill and how to value it. Goodwill is both an accounting term and a qualitative dimension. Understanding both helps the average lawyer better understand the sale of a law practice.
Columns & Departments
Court Watch
Recent Cases Raise Red Flags for Franchise Agreement Drafters <br>Ill. Appellate Court Holds FDD Earnings Claim Disclaimers Defeat Fraud Claim<br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant
Features
Amend Your Arbitration Clause to Comply with New Rules
Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.
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