Features
Recourse Strategies In the New Age of .XXX Domain Names
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Misrepresentation Claim over Song in DVD Is Dismissed
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs' composition "I Am the Greatest" had been included in the defendants' DVD AND1' Mixtape' X.
Features
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs
To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
Technology Can Cap Internet Facilitators' Liability
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
UGC Campaigns and Right of Publicity
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
An e-Cheapskate's Guide to Contracts
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
The Balance Sheet
This article is the second installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
e-Discovery Evolved: 2011 DIY Discovery Trends
By now, most corporations and law firms understand the complexities and realities of eDiscovery, and many organizations are re-examining their e-discovery processes and tools to gain efficiencies and reduce costs across the Electronic Data Reference Model (EDRM). With more options than ever before, litigation support professionals, lawyers and IT staff are grappling with these questions: Can my organization better manage costs and increase control over discovery by bringing e-discovery tools in-house or in-firm? Which components of the…
Features
Leveraging the Seventh Circuit eDiscovery Principles to Contain Litigation Costs
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Enter the Seventh Circuit Electronic Discovery Pilot Program.
Shareholder Proxy Access
Last month, the authors discussed the fact that proxy access remains a "hot-button" corporate governance issue and the outcome of the debate remains uncertain. This discussion continues herein.
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MOST POPULAR STORIES
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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