Features
11th Circuit Says Copyright Co-Owner Can File Own Suit
In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement.
Features
Sirius XM's Losses In Suits on Pre-'72 Sound Recordings
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
Features
Credit Card Information Security Issues in Franchising
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In <i>Wyndham Worldwide</i>, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
Columns & Departments
In the Courts
Analysis of a case in which a restitution bid failed in wire fraud involving Kyrgyzstan.
Features
The Paper-to-Digital Law Firm
Even though the costs and inefficiencies of paper records are an obvious strain on the law firm business model, law firms struggle with less-paper initiatives for one key reason: according to ILTA members informally surveyed in over 20 cities domestically, about half of today's attorneys would still prefer to work with paper, even if the entire file is digitally available from the DMS.
Features
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Features
Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie & Fitch store because she wore a black headscarf, or hijab, to her job interview.
Columns & Departments
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
Features
New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape.
Features
Attorney Fees Under ERISA
After broaching the issue in a nonprecedential opinion released last summer, the U.S. Court of Appeals for the Third Circuit suggested during arguments on Oct. 21 that it might soon answer definitively whether the catalyst theory for recovering attorney fees applies in ERISA cases.
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