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Arbitration Clause in User Agreement Does Not Apply to Phone-Sales Agent <br>Arbitration Clause Is Not Unconscionable for Savvy Corporate Parties <br>Alleged Copyrighted Work Distribution Can Establish An Infringement Claim<br>Songwriters' Claim of Alleged Misappropriation Cognizable under Copyright<br>Exhaustion Doctrine Bars Rights Assertion in Sales to Third-Party Manufacturers
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The Internet has also provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users. This conduct shows up in the almost unlimited amount of Internet scams and frauds active at any point, yet because of the nature of the Internet, it is almost impossible for a small business, consumer or e-commerce attorney to stay up-to-date.
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Conclusion of a discussion on the recently decided <i>AWG Leasing Trust</i> case, in which a federal district court found against a taxpayer that engaged in a cross-border sale-leaseback of a waste-to-energy facility located in Germany.
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Because the Internet provides opportunistic criminals with a powerful platform for marketing their tainted goods on a mass scale, and with limited funding and personnel, law-enforcement agencies are unable to make a noticeable dent in the fight against counterfeits, leaving companies with the costly burden of protecting their customers. In the face of ubiquitous and pervasive budget cuts, today's innovative in-house counsel deploys non-traditional responses via technology, to show senior executives some visible, cost-effective results.
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers.
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This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
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What businessperson hasn't complained about how lawyers ruin deals? The simple handshake and bar-napkin agreement too often turns into hundreds of pages of fine print, with hourly billing to match. Yet neither party really knows whether it all actually states the deal as each understood it over handshakes. Sometimes the fallout begins because the contracts are unintelligible to the layman ' not good. Other times, the lawyer may have taken far longer than the deal allowed to write a contract, or simply blew the budget ' also not good. Whatever the cause, these problems lead many businesspeople to wonder whether their lawyers are for them, or against them.
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A primer on ethically contacting clients after a lawyer has left his or her firm.
This article examines three common provisions used by landlords to obtain all or a portion of the excess rents or other consideration received by a tenant pursuant to a sublease or assignment. Additionally, it addresses issues associated with the enforcement of these provisions and the landlord's ability to receive excess rent where the lease is silent on the issue.
