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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Commentary on the latest cases.

Features

<b>Cameo Clips</b> Lawsuit over 'Hairspray' Agent Fees to Continue Image

<b>Cameo Clips</b> Lawsuit over 'Hairspray' Agent Fees to Continue

Vesselin Mitev

An actress who played a leading role in the film 'Hairspray' may owe her former managers commission fees for landing her the role, a Long Island, NY judge has ruled.

Features

Orphan Works Legislation: Real Time Bomb Image

Orphan Works Legislation: Real Time Bomb

Christian L. Castle

The federal 'Orphan Works' legislation (S2913 and HR5889) creates an entirely new law favoring the 'opt in' fundamentalists who prefer as many copyright formalities as possible, thereby increasing the likelihood that works will fall ' intentionally or unintentionally ' into the public domain. Some have characterized the import of the Orphan Works legislation as creating a new rateless compulsory license, or at a minimum a 'safe harbor' for libraries (such as the Library of Congress), museums, public broadcasters and universities, as well as commercial entities.

Features

Court of Appeals Affirms Owner Occupancy Rights Under Rent Stabilization Image

Court of Appeals Affirms Owner Occupancy Rights Under Rent Stabilization

Jeffrey Turkel

In its June 3, 2008, decision in <i>Pultz v. Economakis</i>, the New York State Court of Appeals unanimously ruled that there is no limit on the number of rent-stabilized units an owner can attempt to recover for owner occupancy. The ruling was a major victory for rent stabilized landlords, and a sharp rebuke to tenant advocates who claimed that multiple recovery for owner occupancy violated the letter and spirit of the Rent Stabilization Law. Indeed, the case continues a recent trend of favorable Court of Appeals decisions for landlords.

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

ALM Staff & Law Journal Newsletters

CDA Immunity Not Applicable To Allegedly Misleading Auction Safety Statements<br>Copying Web Site Page for Consumer Gripe Site Is Deemed Fair Use<br>Famous Trademark Parody on Goods Without Consumer Confusion No Infringement

Features

Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clauses Image

Unconscionable Terms Prevent Enforceability of e-Commerce Contract Clauses

Jonathan Bick

e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

Features

Franchisor's Non-Compete Upheld In New Jersey Image

Franchisor's Non-Compete Upheld In New Jersey

Cynthia M. Klaus

A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. <i>Jackson Hewitt Inc. v. Childress</i>, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.

Features

FTC Releases Franchise Rule Compliance Guides Image

FTC Releases Franchise Rule Compliance Guides

David W. Oppenheim

Perhaps you've heard: On Jan. 23, 2007, the Federal Trade Commission adopted the comprehensively revised FTC Franchise Rule ('The Amended Rule') and released the 'Statement of Basis and Purpose' ('SBP'), which clarified the Amended Rule's requirements and prohibitions. Compliance with the Amended Rule has been optional since July 1, 2007, and became mandatory on July 1, 2008.

Features

How to Increase Your Odds of Project Success Through the RFP Process Image

How to Increase Your Odds of Project Success Through the RFP Process

Nanci Tucker

Are you among the majority of IT professionals who view the Request for Proposal ('RFP') as the most tedious business document ever created? The RFP itself is fairly standardized, but the process of collecting information and evaluating vendors is time-consuming and uninspiring. While there are any number of thick manuals that describe the best practices for an RFP process, this article may shed light on some 'quick wins' that will enable you to boost the efficiency of your RFP process.

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