Features
Five-Factor Test Applied To Subpoenas Seeking File Sharer Identities
Internet service providers have to disclose the names of their subscribers who are accused of using a file-sharing site to copy a pornographic movie, a federal judge ruled in a copyright infringement suit.
Features
<b>Decision of Note</b> Statute of Fraud Bars Agency Counterclaim
The U.S. District Court for the Southern District of New York ruled that the statute of frauds barred a counterclaim alleging breach of an oral agency agreement by songwriter/performer Akon to pay the agency commissions and reimbursement of the musician's travel expenses.
Features
Second Circuit Revives Copyright Case Against Google, YouTube
Viacom International got a second shot at proving that Google's YouTube massively infringed its copyrights by hosting clips from shows like The Daily Show and Family Guy without its permission. And whether Viacom and its lawyers succeed or not, they've already managed to shape the developing case law over copyrighted content that users illegally upload to the Internet.
Features
Discoverability of Social Network Information
In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.
Features
When Settlement Is the Best Option
Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance
Features
Representing the Individual Defendant
This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.
Features
EEOC Cases of 2011
The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.
Features
The Federal Courts Jurisdiction and Venue Clarification Act of 2011
Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.
Features
Dispelling (Some) of the Darkness of Stern v. Marshall's Bleak House
The Amended Standing Order issued by Judge Loretta Preska has significantly reduced the procedural quagmire and uncertainty faced by attorneys and the courts as a result of <i>Stern v. Marshall</i>. Here's why.
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