Litigation

In the March 2014 issue, in their article titled 'Blurred Lines,' the authors discussed a number of decisions from various jurisdictions concerning the applicability of the attorney-client privilege and work-product doctrine in the context of an insurer's claims investigation. Among those decisions was National Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc.

Today's book publishing agreements typically include a grant of e-book rights from an author to a publisher. But contracts from the pre-e-book era have been contested as to whether the older agreements give the author or the publisher the e-book rights in the author's works. The U.S. District Court for the Southern District of New York has decided that the phrase "now known or hereafter invented" granted the e-book rights to the publisher.

Wife May Have Equitable Interest in Husband's Separately Owned Home,

Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process.

Junior Mortgagee Fails in Effort to Require Senior Mortgagee to Sell Security Separately
Time of the Essence Notice Ineffective When Served Before Initial Closing Date
Seller Not Entitled to Vendor's Lien

ICM Partners Escapes Personal Jurisdiction in Film Suit in Washington State
In Suit Against Sony Music, Toto Is Denied Access To Apple/UMG Agreements
Rulings in Advance of Beastie Boys' Trial Against Monster Energy

The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.

On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.