This series examines changes to the Federal Trade Commission guidelines for product endorsements and testimonials. The revised new guidelines took effect Dec. 1, 2009.
December 21, 2009Alan L. Friel
Record labels fear the ticking clock that will allow recording artists to terminate post-1977 sound-recording assignments beginning in 2013. That's because '203 of the U.S. Copyright Act provides for a grantor's recapture of assigned copyrights during a five-year period beginning 35 years after publication or 40 years from the assigning of a work. The termination right applies beyond sound-recording copyrights. Pre-1978 copyright assignments may be recaptured under 17 U.S.C. '304(c) during a five-year period that begins 56 years after the copyright in an assigned work was initially procured
December 21, 2009Stan SoocherIn-house lawyers can do great good for their companies by deploying IP assets to realize direct monetary return for their companies, but they are under more pressure to reduce expenses because of the inaccurate perception that IP-related expenses do not add to the bottom line, a perception that stems from accounting conventions.
December 18, 2009Greg Lanier and Eric ChaWhen the New York Court of Appeals issued its decision in Consolidated Edison Company v. Allstate Insurance Co., the issue of allocating liability for continuing losses among multiple insurers consecutively liable for the loss appeared to be all but settled. This approach to allocation has been called into question, however, by the recent decision of the Delaware Court of Chancery in Viking Pump, Inc. v. Century Indem. Co.
December 18, 2009Robert D. Goodman and Steve VaccaroHighlights of the latest franchising cases from around the country.
December 18, 2009Charles G. Miller and Darryl A. HartWhile franchise disclosure documents and their attendant agreements are the "glue" applied to the initial franchisor/franchisee relationship, the question of "who constructed the paperwork" is both a touchy and legitimate concern for those immersed in the franchise industry.
December 18, 2009Nicholas BibbyThe American Arbitration Association is reporting that its pilot program to reduce commercial arbitration fees has been popularly received, and AAA is increasing its promotion of the new fee structure. The program began in July 2009 and has been utilized in 1,000 to 2,000 disputes to date, reflecting claims totaling nearly $3 billion, according to India Johnson, an AAA senior vice president. The number of those disputes related to franchising is unknown.
December 18, 2009Kevin AdlerHighlights of the latest equipment leasing news from around the country.
December 18, 2009ALM Staff | Law Journal Newsletters |In-depth analysis of recent rulings.
December 18, 2009ALM Staff | Law Journal Newsletters |It has long been recognized that claims go up in an economic downturn just as the underwriters' ability to pay decreases. But is there more going on in this new era of strict scrutiny for title claims? Is the evidence merely anecdotal?
December 18, 2009Marvin Bagwell