Golan v. Holder: A Catalyst for Orphan Works Legislation?
On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 — which restores U.S. copyright protection for certain foreign works formerly in the public domain — fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
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Compensating Transition
Law firms spent the better part of two decades effectively extricating themselves from unaffordable, life-threatening unfunded retirement packages only to find they have few if any financial mechanisms available to incent retiring partners to actually transition their clients to the next generation, prior to retirement.
Disparate Impact and the ADEA
If a protected worker can show that an employer used a specific employment policy or practice within the decision-making process, which resulted in members of a protected class being less successful than unprotected workers (<i>i.e.>/i>, "adversely impacted"), the employer may be liable for discrimination.
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DIY Mentoring
Similar to financial investments you will want a well-diversified portfolio of mentors who can contribute to your career in different ways depending on your goals.
Disparate Impact and the ADEA
In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).
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New Personal Information Requirements for Companies
Effective March 1, 2012, companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors'f compliance with the Massachusetts data security regulations.
Anti-Corruption Practices Survey Highlights Challenges Facing Companies
One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.
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How Employing eDiscovery Counsel Can Pay Dividends
More and more corporations are turning to a two-tiered model when it comes to new matters: one law firm (or separate group within the law firm) that will focus on preservation, collection and review, and a separate team of lawyers that will focus on the actual merits of the case.
The Route to Federal Court Clarified
The points of law settled by the JVCA may provide defendants with removal opportunities that they didn't have formerly, at least in some circuits. Further, the Act brings a measure of predictability to removal practice, which alone makes the statute significant.
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NLRB: Class Action Waivers Unfair Under the NLRA
The NLRB recently called into question the growing practice of including class action waivers in employee arbitration agreements, holding that the mandatory waiver of an employee's right to pursue class or collective action litigation is an unfair labor practice under the NLRA.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›