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Features

Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District

Stan Soocher

In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.

Features

New York Will Be e-Commerce Case Forum, Not Florida As Terms Say

Christine Simmons

A Long Island resident who bought 50,000 pairs of tube socks from a Florida-based "closeout" merchandiser can pursue a claim against the supplier in New York court, a judge has ruled.

Features

Arbitration: One More Look at Its Virtues and Vices

Rupert M. Barkoff

For several years, I have felt like Hamlet when I ruminate on the subject of arbitration clauses: To include, or not to include, an arbitration clause in the franchise agreements I draft.

Features

Landlord & Tenant

ALM Staff & Law Journal Newsletters

A key ruling is analyzed.

Features

Eminent Domain Law

ALM Staff & Law Journal Newsletters

A look at <i>Application of Metropolitan Transportation Authority</i>.

Features

Drug & Device News

ALM Staff & Law Journal Newsletters

An analysis of recent news and litigation.

Features

Gathering Evidence in Qui Tam Actions

Joel Androphy, Ashley Gargour, Sarah Frazier,and Rachel Grier

Even after making the difficult decision to blow the whistle on an employer by reporting FCA violations, a soon-to-be <i>qui tam</i> relator must often gather evidence to support his or her allegations.

Features

The Med-Mal Settlement and the Confidentiality Clause

Janice G. Inman

A New Jersey court recently ruled that disclosure laws trump confidentiality clauses. A look at what this means for physicians and their legal advisers in New Jersey and beyond.

Features

The Enforcement of Jewish Marriage Contracts by Civil Courts

Paul L. Feinstein

When Jewish parties who have had a religion wedding civilly divorce, can one party be compelled to grant a religious divorce? A look at recent litigation.

Features

Development

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent key case.

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