Features
Georgia Fed. Ct. Dismisses Suit Over <i>Honey</i> Films
The U.S. District Court for the Northern District of Georgia, Atlanta Division, dismissed a lawsuit brought by hip-hop dancer Ereina "Honey Rockwell" Valencia over Universal's <i>Honey</i> and <i>Honey 2</i> movies, released respectively in 2003 and 2011.
Features
Discovery Sanctions In Litigation over Soap Opera
A copyright infringement lawsuit centered on the Telemundo network's popular Spanish-language telenovela <i>El Rostro de Analia</i> has some melodrama of its own.
Columns & Departments
IP News
Federal Circuit Finds Internet Method Unpatentable Under <i>Alice</i><br>Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent
Features
Sirius XM Lawyers' Blunder in Pre-1972 Recordings Case
Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.
Features
Are Franchisors 'Employers'?
The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?
Columns & Departments
Court Watch
Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory <br>No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor
Features
Your Website's Terms Of Service Are Unenforceable
The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.
Features
NY Court of Appeals Rejects Claim of Internet Jurisdiction
Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.
Features
Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?
Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes <i>per se</i> patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, <i>Brulotte</i> has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.
Features
Law Firm Leaders Struggle With Setting Firmwide Rates
The collective weight of the new year is upon law firm managing partners, with the season being that of collections, partner compensation and rate-setting. And the latter has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates and alternative fee deals are a growing part of firm revenue.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
