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Features
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Features
What exactly can a state regulator do with respect to arbitration clauses in franchise agreements? The answer appears to be, "The regulator cannot do much."
Features
Highlights of the latest equipment leasing news from around the country.
Features
This is the second part of a three-part article designed to provide secured parties an overview of their enforcement rights and remedies as set forth in Article 9 of the UCC. This installment addresses the acceptance of collateral in full or partial satisfaction of debt, and the notice components of a commercially reasonable sale.
Features
This article discusses how counterparties, as well as courts, react to situations where a counterparty seeks protection from the risks inherent in continued performance under a Contract with a debtor in bankruptcy.
Features
Two conflicting California appellate court decisions issued this year highlight the difficulty of determining when an insurer owes a duty to defend disparagement by implication claims. This article discusses the two divergent California decisions, as well as fact patterns that courts have generally agreed are (and are not) implied disparagement claims triggering an insurer's duty to defend
Features
Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.
Features
Can a limited-profit housing company seeking to withdraw from the Mitchell-Lama program avoid supervision by the Attorney General if the withdrawal does not involve any transfer of property or physical exchange of shares?
Features
The cornerstone of many FDA enforcement actions against pharmaceuticals manufacturers in recent years has been the charge that they have "misbranded" their pharmaceutical products by promoting them for uses not approved by the FDA. Now, the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil.
Features
Employers often are faced with tricky legal dilemmas when employees ask to display religious symbols and take time off for religious observance. The most common religious request by retail employees is time off for a religious holiday, followed by requests to be excused from a dress code. Recent developments in both legislation and case law suggest that employers should only deny a religious accommodation when it would cause a quantifiable undue burden.