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Features
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
Columns & Departments
The Instrumentality Test For Determining Franchisor Vicarious Liability
Features
Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.
Features
Recently finalized rulemaking by the SEC to implement the Jumpstart Our Business Startups Act allows issuers of securities to engage in general solicitation and advertising to accredited investors in some private placement offerings of securities. Although the SEC's announcement leaves several notable questions unanswered, Rule 506(c) has the potential to enhance the utility of investment programs in the franchise world.
Features
The value of e-discovery technology varies, depending on a number of factors, including the provider that is hosting the data, the quality of technical support and the nature of the matter at hand. For that reason, there is no single one-size-fits-all platform.
Columns & Departments
Content Rights Rulings on Presumptive Evidentiary Weight and on Burden of Proof.<br>Copyright Act Doesn't Preempt Emotional Distress Claims Over Web Posting of WWE Video
Features
There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.
Features
In what could be a painfully expensive rebuke to Google, the U.S. Court of Appeals for the Ninth Circuit ruled last month that the company can be sued under the Wiretap Act for sniffing out data from home Wi-Fi networks.
Features
Recent notable whistleblower cases are in some instances defining what it takes to be a successful retaliation plaintiff; in other ways, these cases are merely shaping the battleground for cases yet to come.
Columns & Departments
Discussion of a Flonase class action ruling.