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On June 4, the FTC announced a proposed consent agreement with Sears Holdings Management Corporation. The government makes note that the settlement is not final and does not include any finding of wrongdoing by SHMC, but that the working settlement sends a strong signal that the FTC will subject online tracking of consumer behavior to a stringent standard of disclosure.
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Copyright Infringement/Parody Defense<br>Film Production Insurance/Green-Light Endorsement<br>Right of Publicity/Newsworthiness Defense
Features
Malpractice Suit over Sound Recordings Is Reinstated<br>Counsel Withdrawal Motion Granted
Features
The tangled bankruptcy mess created by former boy band impresario Lou Pearlman, currently in prison after admitting he ran a $300 million Ponzi scheme, has left a trail of out-of-pocket investors looking to recoup their losses.
Features
In the high-stakes court battle over the constitutionality of a federal law that bans all Internet gambling transactions that would be illegal in the gambler's state, a trio of federal appeals judges in Philadelphia appeared unlikely to strike the law down.
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The U.S. Supreme Court declined to hear the copyright infringement case brought by television networks and Hollywood studios against Cablevision over technology that allows viewers to record TV shows.
Features
The U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding.
Features
Unless one is aware of the potential pitfalls, even so-called "iron-clad" indemnification clauses or insurance provisions in a franchise agreement can be all for naught. This article discusses the interplay between insurance, indemnification, and the default common-law rules, so that franchisors and franchisees can avoid those dangerous pitfalls.
Features
Private companies should take advantage of the unprecedented funding created by the American Recovery and Reinvestment Act. Before they avail themselves of that funding, however, they must take careful stock of the requirements that accompany every aspect of the grant, from accounting under a grant to intellectual property created with those grant funds.
Features
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling.