Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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When Service Is Made on a Co-tenant's Employee
Warren A. Estis
&
William J. Robbins
A recent New York appellate decision addressed the issue of whether suitable age and discretion service could properly be made on one corporate respondent tenant by serving an employee of another corporate respondent tenant.
Features
In the Spotlight: Outparcels and Rights of First Refusal
Anne R. Kerns
Where an outparcel is involved, and the grantor owns additional property, failing to address the package deal scenario at the drafting stage is likely to create uncertainty for our clients as well as undesired or not bargained-for results.
Features
Expanding Retailers Purchase Multiple Leases
Steven J. Roberts
With many opportunities in the marketplace to purchase real estate leases and other assets associated therewith, attorneys need to make sure they are ready to deal with a request from a client to purchase leases.
<b><i>BREAKING NEWS:</i></b> Business Community OK with New ADAA Implementation
Marcia Coyle
The business and disability rights communities are uniting behind long-awaited, final regulations implementing the 2008 Americans With Disabilities Amendments Act. The regulations become effective on May 24, 2011.
Supreme Court Appears Sympathetic to Wal-Mart in Class Action
Tony Mauro
The massive class action against retail giant Wal-Mart Stores Inc. ran into stiff resistance at the U.S. Supreme Court on March 29, after surviving lower court challenges ever since it was launched 10 years ago. 'It's not clear to me: What is the unlawful policy that Wal-Mart has adopted?' said Justice Anthony Kennedy, who as usual is the likely swing vote in the closely watched business case <i>Wal-Mart v. Dukes</i>.
Features
News Briefs
ALM Staff
&
Law Journal Newsletters
Highlights of the latest franchising news from around the country.
Court Watch
Darryl A. Hart
&
Charles G. Miller
Highlights of the latest franchising cases from around the country.
Features
Enjoining Unlicensed Trademark Use By Terminated Franchisees
Kevin Adler
In a recent presentation to the Maryland State Bar Association's Franchise Law Committee, Stephen Vaughan and David Worthen, shareholders with Gray Plant Mooty, discussed how to obtain an injunction that will prevent unlicensed trademark use by a terminated franchisee, as well as strategies for fending off arguments commonly raised by franchisees when confronted with a motion for an injunction.
Federal Judge Calls Request for $75 Trillion in Damages in Lime Wire Case 'Absurd'
Victor Li
Does $75 trillion even exist? The 13 record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May, they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt. Manhattan federal district court judge Kimba Wood, however, saw things differently. She labeled the record companies' damages request "absurd" and contrary to copyright laws.
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›