Liberty Media Wins Approval Of Split Off
In affirming an April Chancery Court decision, the Delaware Supreme Court decided that a proposal by Liberty Media Corp. to split off some of its assets does not violate a successor obligation agreement with bondholders that prevents the media conglomerate from disposing "substantially all of its assets.
Limit on Assigning Right to Pursue Online Copyright Infringement
Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.
'Advertising' vs. 'Solicitation': The Impact on Available Advertising Injury Coverage
While insureds often seek liability coverage for damages arising from bodily injury or property damage, an increasing number of insureds are seeking coverage for "advertising injury" in an age of growing technology and intellectual property disputes.
Coverage Quandary: Is Cyber Insurance Necessary?
It's been a wild year for cyber crimes. It all may be falling far too close to home for BigLaw firms and corporate counsel, who are beginning to shop for ' or who are at least beginning to ask a lot of questions about ' cyber insurance. Queries include exactly what the policies cover and cost, how insurers quantify losses and whether the policies are necessary.
Deal or No Deal
As consumers have embraced mobile devices and communicating via text message, mobile marketing promotional campaigns have followed. As a result, sweepstakes have become popular mobile promotional tools because the chance of a prize motivates consumers to interact with the sponsor. However, because sweepstakes and contests are heavily regulated by states, mobile sweepstakes and contests must comply not only with mobile-messaging laws and regulations.
Features
Emerging Issues Regarding Liability Insurance and Genetically Modified Organisms
One coverage issue poised to become significant is whether damage allegedly caused by genetically modified organisms is within the ambit of the absolute pollution exclusion currently in effect.
Undressing .XXX: Sexier Than the Name Itself
Historically, big corporations with multi-million dollar brands and the adult-entertainment industry have been on opposite sides of the fence over brand protection, with owners of famous brands like Nike, Starbucks and Lexus claiming any association of their marks with adult entertainment constitutes dilution by tarnishment. The adult-entertainment industry has very often met such claims as unfounded attempts to stifle its First Amendment right of free speech. Ironically, but legally predictably as far as protecting e-commerce interests, since the introduction of .XXX, both camps are united in a battle with ICANN and ICM to protect their brands from misappropriation.
News Briefs
Highlights of the latest franchising news from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- 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 ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
