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Features

<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels Image

<i>Pom v. Coke</i> Could Create a Juicy Precedent on Food Labels

Kyle-Beth Hilfer

Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.

Features

Privacy and Ethics For Social Media In Investigations Image

Privacy and Ethics For Social Media In Investigations

William Michael Jr. & Laura Hammargren

It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.

Features

Copyright Concerns In Electronic Music Image

Copyright Concerns In Electronic Music

Michael R. Graif & Jason Gottlieb

An increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another. But can a sound texture be protected by copyright? This article provides a road map for lawyers and judges alike to navigate substantial similarity in non-traditional forms of music, with a particular focus on electronic music.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle<br>State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture

Features

No 'Good Cause' Found to Stop Interest Accrual On Value of CKx Image

No 'Good Cause' Found to Stop Interest Accrual On Value of CKx

Jeff Mordock

CKx Inc., the entertainment company that holds the rights to <i>American Idol</i> and other TV programs, and is involved in litigation over its acquisition by Apollo Global Management LLC, cannot order the challenging shareholder to accept the undisputed portion of the purchase price of its stock, the Delaware Court of Chancery ruled.

Features

DE Supreme Court Eases Social Media Authentication Image

DE Supreme Court Eases Social Media Authentication

Jeff Mordock

Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.

Features

Statistical Sampling Image

Statistical Sampling

Howard Edson & Dean Gaida

The focus on proportionality in high-profile cases such as <i>Apple v. Samsung</i>, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.

Features

Best Practices for Comprehensive Searchability Image

Best Practices for Comprehensive Searchability

Dean Sappey

Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.

Features

Content Owners' Pursuit of Secondary Infringement Claims Image

Content Owners' Pursuit of Secondary Infringement Claims

Alan R. Friedman

Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.

Features

Pushing the Technology Envelope in and Out of the Courtroom Image

Pushing the Technology Envelope in and Out of the Courtroom

Peter Hecht

Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.

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