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Features

Representing the Individual Defendant Image

Representing the Individual Defendant

Alex W. Craigie

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 Image

EEOC Cases of 2011

Christopher J. DeGroff & Gerald L. Maatman, Jr.

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 Image

The Federal Courts Jurisdiction and Venue Clarification Act of 2011

Earsa Jackson

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

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of major rulings.

Features

Dispelling (Some) of the Darkness of Stern v. Marshall's Bleak House Image

Dispelling (Some) of the Darkness of Stern v. Marshall's Bleak House

Yitzhak Greenberg

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.

Features

<B><I>Online Exclusive:</b></i> <b>House Rejects Facebook Password Amendment</b> Image

<B><I>Online Exclusive:</b></i> <b>House Rejects Facebook Password Amendment</b>

Steven Salkin, Esq.

The U.S. House of Representatives rejected a proposed amendment to the Federal Communications Commission Process Reform Act of 2012 (H.R. 3309) that would have allowed the FCC to prevent employers from asking for social networking passwords from prospective employees.

Features

Can an Employee Steal Social Media Influence? Image

Can an Employee Steal Social Media Influence?

Elise Bloom & John Barry

As employment disputes commonly involve communications between or among employees, management and customers, it should come as no surprise that social media's role in workplace disputes has drastically increased in the last year. This article discusses recent social media cases and makes recommendations for what employers can do to better protect confidential information and trade secrets.

Features

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Law Firm's Push for Sale of George Clinton Copyrights, to Pay for Legal Fees, Will Remain in Western District of Washington<br>Motion by Nina Simone's Former Husband, to Disqualify Counsel in Estate Litigation, Is Denied

Features

Does the CDA Bar State IP Claims? Image

Does the CDA Bar State IP Claims?

Alan L. Friel & Jesse M. Brody

It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.

Features

Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts Image

Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts

Michael I. Rudell & Neil J. Rosini

The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This

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