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Features

How Copyright Was Secured for Mark Twain Autobiography Image

How Copyright Was Secured for Mark Twain Autobiography

Sheri Qualters

Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.

Features

Arbitration Clause Doesn't Cover Dispute Over Movie Payments Image

Arbitration Clause Doesn't Cover Dispute Over Movie Payments

Stan Soocher

The U.S. District Court for the Southern District of New York decided that a suit, alleging a distributor of made-for-TV-movies failed to pay amounts owed the films' producer, wasn't subject to an arbitration clause in the parties' distribution agreement.

Features

Medicaid Divorce: An Overview Image

Medicaid Divorce: An Overview

Michael L. Olver & Christopher C. Lee

This article covers some of the issues that should be considered if clients wish to examine the possibility of a Medicaid divorce.

The Forum Non Conveniens Decision Image

The Forum Non Conveniens Decision

Eric Lasker

The conclusion of this article herein explains how defendants who have elected to stay in U.S. courts have used the strengths of the U.S. judicial system to expose the factual gaps, and in some cases outright fraud, that formed the basis of many of the foreign claims that have been imported to U.S. shores.

Features

Practice Tip: Deposition of Plaintiff's Expert Image

Practice Tip: Deposition of Plaintiff's Expert

Diane Fleming Averell

Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.

Features

Ex-Parte Interviews of Former Employees Image

Ex-Parte Interviews of Former Employees

Alan D. Kaplan & Richard Y. Im

The issue of ex-parte interviews of a corporation's former employees can raise tensions on many different levels. This area of law has been dubbed "a veritable minefield" that must be approached with great trepidation.

Features

Child Pornography On Workplace Computers Image

Child Pornography On Workplace Computers

Marjorie J. Peerce & Carolyn Barth Renzin

Possessing child pornography is such a potentially serious crime that institutions take pains to keep it off their premises. e-Commerce firms, whether they have significant physical premises or not, are no different.

Features

New York Internet Tax Law Does Not Violate Commerce Clause Image

New York Internet Tax Law Does Not Violate Commerce Clause

Joel Stashenko

An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.

Features

Waiting for Courts To Help in Internet-Based Franchise Encroachment? Image

Waiting for Courts To Help in Internet-Based Franchise Encroachment?

Jonathan Bick

Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.

Features

Selling Your e-Commerce Company in 2011 Image

Selling Your e-Commerce Company in 2011

Stanley P Jaskiewicz

Entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms.

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