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In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. <i>Grosso v. Miramax Film Corp.</i> The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited <i>Grosso</i>. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
Features
Highlights of the latest franchisig newsw from around the country.
Highlights of the latest franchising cases from around the country.
Advertisers and marketers taking advantage of text messaging to promote ' such as motivating consumers to buy products or services, or enter a contest or sweepstakes ' should clear efforts with experienced counsel. Unlike with commercial e-mails, text messages may cost consumers, and commercial texts require a recipient's express, specific, advance notice and consent, and could convert a sweepstakes into an illegal lottery.
Insolvency of a multinational corporation with U.S. and foreign assets brings the prospect of complex bankruptcy. A recent case illustrates some concerns a licensee of e-commerce-related software and other intellectual property could have when a foreign licensor files for bankruptcy outside the United States.
Nostalgia for board games whose outcome meant nothing more than bragging rights and an opportunity to have fun made the online versions top hits in the dawn of the Internet era. Today, the children who once played those games ' and their parents ' have grown up and done serious, responsible things, like forming e-commerce companies. Unfortunately, many of them are still playing board games when they fail to see the benefits of having a traditional board of directors, but they're now playing a game with much more potentially serious consequences.
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The speed and shape of the American economic recovery is a matter of great debate. What is not up for speculation is the dramatic effect the downturn had on all businesses, including the legal industry. Workers and managers alike are struggling to figure out what will be expected from them in the coming business quarters, and how to deliver on these expectations. Here are three highlights for legal professionals which just may make the difference between being in the black or in the red.
The IRS guidelines for deducting travel and entertainment expenses are complex. This article will assist your firm in properly documenting these expenses and avoiding a potential tax authority audit.
Most law firms sponsor some type of retirement plan for their employees, but how many plan administrators really know their plan? As a plan fiduciary, what are your responsibilities related to the operation of your pension plan? Read on to find out about your responsibilities as plan fiduciary, key features of your plan about which you should be intimately familiar, and some common problems associated with operating retirement plans.
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From construction contracts, to supply contracts, to equipment leases, franchisors and franchisees might face the problem of litigating numerous legal disputes simultaneously. This, of course, can be devastating for a business, whether big or small. So what can you do to avoid these pitfalls?