Features
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
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
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
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
Eminent Domain Law
A look at <i>Application of Metropolitan Transportation Authority</i>.
Features
Drug & Device News
An analysis of recent news and litigation.
Features
Gathering Evidence in Qui Tam Actions
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
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
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.
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