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Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.

Features

Children Book Versions of Classic Novels Not Fair Use Image

Children Book Versions of Classic Novels Not Fair Use

Vincent Peppe

In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.

Features

Alternative Fee Arrangements in Complex Litigation Image

Alternative Fee Arrangements in Complex Litigation

Overton Thompson III & David Rue

<i><b>The Case for Value Billing</i></b><p>Alternative fee arrangements (AFAs) are about value, a benefit legal departments are increasingly pressured to bring to their companies. When hiring an outside lawyer, clients are not looking for "hours," and they certainly are not looking for tenths of hours. They seek value.

Features

<i>Commentary</i><br>Observations on Artistic Director's Suit Against Geffen Playhouse Image

<i>Commentary</i><br>Observations on Artistic Director's Suit Against Geffen Playhouse

Todd R. Wulffson

The recent age and disability discrimination lawsuit filed by Randall Arney against the Geffen Playhouse, where he served as artistic director since 1999, seems to raise some serious legal and factual flaws based on just what is alleged in the Los Angeles Superior Court complaint.

Features

Airbnb and Rent Stabilization: A Survey Image

Airbnb and Rent Stabilization: A Survey

Jeffrey Turkel

Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.

Features

Challenges to the Admissibility of Evidence in the 'Omics' Era Image

Challenges to the Admissibility of Evidence in the 'Omics' Era

Ronald J. Levine & K. Heather Robinson

Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.

Features

Patent Lost Profit Damages and Apportionment Image

Patent Lost Profit Damages and Apportionment

Amy Proctor & Molly Russell

<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.

Features

Internal Whistleblowers Image

Internal Whistleblowers

Matthew B. Schiff & Kathryn C. Nadro

<b><i>SCOTUS Review of Dodd-Frank to Change the Landscape</b></i><p>On June 26, 2017, the Supreme Court granted <i>certiorari</i> in <i>Digital Realty Trust Inc. v. Somers</i> to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.

Features

Estate of Ultra Festival Co-Founder Loses Stock Fight Image

Estate of Ultra Festival Co-Founder Loses Stock Fight

Celia Ampel

The company that licenses the brand for Miami's Ultra Music Festival won a key appellate dispute against the estate of co-founder Alex Omes. Florida's Court of Appeal, Third District, has ruled that Omes' brother, Carlos, will not be appointed president of Ultra Enterprises Inc. and will have to accept the court's valuation of Alex Omes' shares, which was about 2% of what Alex Omes argued it should be.

Features

Qualcomm Slammed In Patent Brawl With Apple Image

Qualcomm Slammed In Patent Brawl With Apple

Qualcomm Inc. lost two pretrial skirmishes last month in its patent and antitrust battle against Apple Inc. — in just about every way imaginable.

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