Features
11th Circuit Says Copyright Co-Owner Can File Own Suit
In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement.
Features
Sirius XM's Losses In Suits on Pre-'72 Sound Recordings
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
Features
Credit Card Information Security Issues in Franchising
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In <i>Wyndham Worldwide</i>, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
Columns & Departments
In the Courts
Analysis of a case in which a restitution bid failed in wire fraud involving Kyrgyzstan.
Features
The Paper-to-Digital Law Firm
Even though the costs and inefficiencies of paper records are an obvious strain on the law firm business model, law firms struggle with less-paper initiatives for one key reason: according to ILTA members informally surveyed in over 20 cities domestically, about half of today's attorneys would still prefer to work with paper, even if the entire file is digitally available from the DMS.
Features
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Features
Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie & Fitch store because she wore a black headscarf, or hijab, to her job interview.
Columns & Departments
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
Features
New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape.
Features
Attorney Fees Under ERISA
After broaching the issue in a nonprecedential opinion released last summer, the U.S. Court of Appeals for the Third Circuit suggested during arguments on Oct. 21 that it might soon answer definitively whether the catalyst theory for recovering attorney fees applies in ERISA cases.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›