Arbitration Clause in User Agreement Does Not Apply to Phone-Sales Agent
Arbitration Clause Is Not Unconscionable for Savvy Corporate Parties
Alleged Copyrighted Work Distribution Can Establish An Infringement Claim
Songwriters' Claim of Alleged Misappropriation Cognizable under Copyright
Exhaustion Doctrine Bars Rights Assertion in Sales to Third-Party Manufacturers
- September 29, 2008ALM Staff | Law Journal Newsletters |
Business transactions of interest.
September 29, 2008ALM Staff | Law Journal Newsletters |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.
September 29, 2008Richard E. PeirceConclusion of a discussion on the recently decided AWG Leasing Trust 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.
September 29, 2008Philip H. SpectorBecause 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.
September 29, 2008Margie MilamThe 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.
September 29, 2008Mike C. BuckleyThis 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").
September 29, 2008Francis X. Buckley, Jr. and Nicholas H. KappasWhat 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.
September 29, 2008Stanley P. JaskiewiczA primer on ethically contacting clients after a lawyer has left his or her firm.
September 29, 2008Jeffrey P. AyresThis 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.
September 29, 2008M. Rosie Rees and Sean M. Bahoshy

