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Features
The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.
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Meals and entertainment expenses are generally only 50% deductible, and provided the expenses are ordinary and necessary, have a business purpose and have proper documentation, there should be no issues surviving an IRS audit.
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The Federal Circuit panel discussed patent exhaustion in light of product claims, citing precedent where "the Supreme Court [has] repeatedly held, in addressing device patents, that the sale of a patented device exhausted the patent-holder's right to exclude, and that an infringement suit would not lie with respect to the subsequent sale or use of the device."
Features
In the last five years, we have heard increasing chatter about the failed business model of law firms, new technology that is erasing the need for lawyers and other information interpreters, and enhanced cognitive systems that mine and interpret data. Let's look at some examples of trends that are leading the way.
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Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.
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When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.
Features
In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.
Columns & Departments
Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion <br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant<br>Presidential Executive Order Gives Ford Right to Terminate Syria Contract
Features
The duty of good faith seeks to deliver a degree of equilibrium to the inherent tension within the franchise relationship between the desire of both parties to obtain the best commercial deal for themselves and a need to have a good ongoing commercial relationship based upon a modicum of mutual trust. It is currently a topic of considerable interest in the United States as a number of states consider enacting legislation imposing a duty of good faith.
Features
Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.