Litigation

  • Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts

    The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This

    March 30, 2012Michael I. Rudell and Neil J. Rosini

  • 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 Lenz fair use rule.

    March 30, 2012Stan Soocher

  • 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.

    March 29, 2012Rupert M. Barkoff

  • Landlord & Tenant

    A key ruling is analyzed.

    March 29, 2012ALM Staff | Law Journal Newsletters |

  • Eminent Domain Law

    A look at Application of Metropolitan Transportation Authority.

    March 29, 2012ALM Staff | Law Journal Newsletters |

  • Drug & Device News

    An analysis of recent news and litigation.

    March 29, 2012ALM Staff | Law Journal Newsletters |

  • 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 qui tam relator must often gather evidence to support his or her allegations.

    March 29, 2012Joel Androphy, Ashley Gargour, Sarah Frazier,and Rachel Grier