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Litigation

  • Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory
    No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor

    December 31, 2014Cynthia M. Klaus and Susan E. Tegt
  • 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.

    December 31, 2014Joshua Kaufman
  • Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes per se patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, Brulotte has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.

    December 31, 2014Sean Gates and Jeny Maier
  • Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.

    December 31, 2014Mark Hamblett
  • Consolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.

    December 31, 2014Abraham D. Sofaer
  • Former Blue Notes Member Loses Suit Over DVD of Soul Train Performances
    "Whoomp!' Song Rights Go To Alvert Music.

    December 24, 2014Stan Soocher