Features
The Doctrine of Fair Use
The definition of fair use was recently examined by the U.S. District Court for the Eastern District of Pennsylvania in <i>Warren Publishing Co. v. Spurlock d/b/a Vanguard Productions.</i> The court's opinion in this case provides a thoughtful and useful analysis of the bounds of fair use.
Thoughts on Investigative Strategies from a Federal Prosecutor
This article provides insight into the thought processes and strategies prosecutors employ when conducting an investigation.
Features
FCPA Individual-Liability Prosecutors Want YOU!
Over the last ten years, U.S. corporations conducting business outside the country have witnessed a dramatic increase in the enforcement of the Foreign Corrupt Practices Act (FCPA) and the severity of the financial penalties assessed. Now the DOJ and SEC have upped the ante.
New Burdens for Federal Contractors
On Jan. 30, 2009, President Obama signed Executive Order No. 13496, which requires Federal contractors to post notice of its employees' rights to organize and engage in union activities under the National Labor Relations Act. Here is what you have to know.
Business Crimes Hotline
Recent rulings of interest to you and your practice.
Features
The Travel Act and Overseas Commercial Bribery
The dishonored act of bribery is a basis for doing business in many places, and continually forces those who operate in the international marketplace to choose between risking the loss of business opportunities and engaging in activity that can easily come under the scrutiny of governmental authorities.
Electronic Search and Seizure
The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI).
The Coming Honest-Services Storm
Not since 1987, when the Supreme Court issued its bombshell decision in <i>McNally v. United States</i>, has the honest-services mail fraud doctrine received as much attention as in recent months. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.
Features
The Leasing Hotline
Recent rulings of importance to your practice.
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MOST POPULAR STORIES
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›