Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
How Royalties Are Determined for New Material Written for Public Domain Music Compositions
Jeff Brabec
&
Todd Brabec
Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.
Features
Willfulness and Liability, Separate But Equal?
Angie M. Hankins
&
Vivian Luo
This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.
Features
The Evolution of e-Discovery
Bowe Kurowski
e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.
Features
Marketplace Fairness Act May Help Clear Muddy Tax Waters
Wayne K. Berkowitz
With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Features
Law by the Numbers
Ed Poll
Every law firm is a business and every business should know where it's going. Lawyers who understand statistical analysis of their firm's operation can explore operating efficiencies, gauge the firm's performance relative to its financial goals, and better assess and reflect value to clients in their bills.
Features
Proposed Law Aims to Give More Privacy to e-Mail
Victor Li
Several of the largest technology and Internet companies have joined forces with conservative and liberal organizations in a show of solidarity for a proposed amendment to The Electronic Communications Privacy Act of 1986 (ECPA).
Features
Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case
Jeff Mordock
Attorneys for Viacom International Inc. told the Delaware Supreme Court in oral arguments in July that their client did not breach the implied covenant of good faith and fair dealing when it failed to renegotiate an agreement with Electronic Arts Inc. (EA) to distribute the video game <i>Rock Band</i>, thereby reducing the earn-out payments to shareholders of the game's developer, Harmonix Music Systems Inc., which merged with the Viacom entertainment conglomerate in 2006.
Columns & Departments
Cameo Clips
Stan Soocher
Elton John Song "Nikita" Not Substantially Similar to Plaintiff's Composition "Natasha" <br>Use of Faulkner Quote in Woody Allen Film Isn't Copyright Infringement
Features
Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i>
Robert R. Sachs
The Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> was roundly criticized as a "nightmare," further cementing the impression that the court was confused and in conflict over the requirements of patent eligibility under 35 U.S.C '101.
Features
Federal Healthcare Employer Mandate Delayed: Now What?
Kevin Adler
With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief.
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