Features
The NLRB McDonald's Ruling And Franchisors
The NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.
Columns & Departments
Cameo Clips
Bankrupt Festival Organizer Can Recover Buyout Payment It Made to Co-Founder<br>
Features
<b><i>Online Extra:</b></i> Pao Lawyers Slap Facebook With Discrimination Suit
A former Facebook employee is suing the company for gender discrimination and harassment, claiming her supervisor belittled her at work and asked why she 'did not just stay home and take care of her child.'
Features
<b><i>Online Extra:</b></i> Firms Claim Bragging Rights in New Field of Patent Litigation
If there really is a'death squad for patents, it may not be found at the Patent Trial and Appeal Board. A more likely location is the Plano, TX, office of David O'Dell, chairman of Haynes and Boone's patent trials practice group.
Columns & Departments
Court Watch
CA District Court Misconstrues State Franchise Relations Act in Granting Transfer Motion<br>Franchisee Argues For Automatic Termination Under CFRA<br>GA Court Sends Determination of Whether a Distributor Is a Dealer to Jury
Columns & Departments
Business Crimes Hotline
A look at a recent ruling in New York.
Features
NJ Federal Judge Upholds $7.3 Mil. Award for Lady Gaga Talent Scout
The producer credited with launching Lady Gaga's career lost his bid to trim the $7.3 million he was ordered to pay a talent scout for introducing him to the singer.
Columns & Departments
IP News
Federal Circuit: Application by PTAB of Broadest Reasonable Interpretation Standard in Claim Construction Upheld Under the AIA
Features
With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.
Features
The New Hybrid Standard for Appellate Review in Claim Construction
The Federal Circuit has long maintained that it is entitled to review a claim construction decision <i>de novo</i>, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of <i>de novo</i> review in favor of a hybrid approach.
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
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?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 ›