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Movers & Shakers
Movement among franchise attorneys and executives.
Features
Key Considerations When Purchasing A Franchise
Buying a franchise can be a great path to business ownership for your clients. Unlike starting a business from scratch, they will be able to leverage the benefits of an established brand and a proven operating plan. But how to decide which franchise to buy?
Columns & Departments
Bit Parts
Cartoon Network Mobile App Users Android ID Isn't "Personally Identifiable Information" under the Video Privacy Protection Act<br>Court Says Republication Rule Alive in Tennessee But Dismisses Defamation Claims by Disqualified American Idol Finalist<br>Toto Denied 50% Royalty for Digital Download Sales
Features
The Brave New World Of Internet Copyright Trolls
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
Features
Insurance Coverage In Trademark Disputes
On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. <i>United States Fidelity & Guarantee v. Ashley Reed Trading.</i> The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.
Features
Social Media Invades and Modernizes Employment Practices
While there are not currently any laws in the United States forbidding employers from gleaning information from social media ' whether during the hiring process or at any point in the employment relationship ' improper use can get them into trouble.
Features
Rocket Matter Case Study
Each system reviewed had features that raised the interest of at least one of our testers. Overall though, the most effective criteria we applied was: "Does it work for us?" Did the product function as promised and fit with the way our users envisioned themselves using the system? And I must emphasize the word envisioned because this move was such a departure for some that it was unlike anything they had experienced before. Ultimately, we determined that system to be Rocket Matter.
Features
Deferred Compensation Plans under Section 409A
Section 409A applies to any arrangement that postpones payments of compensation to subsequent years. The Notice spells out what is and is not deferred compensation, Single-person Plans, "defined benefit" non-qualified plans, Supplemental Executive Retirement Plans (SERPs) and arrangements for non-employees (directors, trustees and independent contractors).
Features
Plugging Profitability Leaks
We've long known that vague, incomplete or misunderstood instructions from partners to associates is a prime source of profitability leaks ' revenue lost because of all the time spent on reinventing the wheel, because of do-overs, and because of significant amounts of time written down or eventually written off. We've also long known that an amazingly simple delegation improvement technique can help reduce write-downs of time by up to 18%.
Features
Law Firm Security Pressures Alleviated With Financial Strategies
We know the consumer-industry stories of hackers infiltrating Target and, more recently, Home Depot. Law firms are now at the center of the storm because they store some of their clients' most sensitive business information and are viewed by criminal elements as a less-defended path to that data. Firms must take care to understand and respond to evolving security trends with response strategies.
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MOST POPULAR STORIES
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- Rights and Obligations In Patent LicensesThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.Read More ›
- Foreseeability as a Bar to Proof of Patent InfringementThe doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.Read More ›