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With the predominance of Internet marketing now continuously eroding what might be considered the traditional geographic "territories" of different licensees, the potential for conflict only becomes more acute.
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Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
Columns & Departments
The Instrumentality Test For Determining Franchisor Vicarious Liability
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This article describes 10 proven strategies that we have recommended to clients to effectively implement the two-tier partner structure.
Features
The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.
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According to the Gartner Group, 70% of outsourcing engagements fail and 90% do not meet their financial goals.
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In what could be a painfully expensive rebuke to Google, the U.S. Court of Appeals for the Ninth Circuit ruled last month that the company can be sued under the Wiretap Act for sniffing out data from home Wi-Fi networks.
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Television broadcasters scored a big victory last month in their quest to power down online television streaming services. It's a dispute that likely seems headed to the U.S. Supreme Court, entertainment lawyers say, given divided rulings from courts across the country.
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3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
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When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?