Features
Download Ruling May Raise Burden For Record Labels
Those who download music to their computers now have two unlikely heroes: Janet Bond Arterton, a federal judge who sits in New Haven, CT; and Christopher David Brennan, a young Waterford, CT, resident who has reportedly downloaded songs by Billy Joel, Hootie and the Blowfish and other artists. Brennan is one of about 30,000 people sued by the music industry in recent years for allegedly taking music from the Internet without paying for it.
SEC Improves e-Capital Raising
The Internet provides private companies with a cost-effective way to introduce themselves to many potential investors. It also facilitates efficient capital fundraising opportunities. That stated, the SEC revision of Rule 144 makes raising capital on the Internet easier, and cheaper. The SEC changed Rule 144 to reduce regulation of restricted securities, which, in turn, facilitates Internet capital-raising.
German Federal Constitutional Court Rules on 'Online Search' of Computers
Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person's 'confidentiality of data and integrity of IT systems.' The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the 'general personal right,' one of the fundamental human rights of the German constitution.
Features
e-Commerce Meets American Idol
With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.
Don't Lien On Me: Considerations for Commercial Landlords When Tenants Improve Property
Commercial landlords need to be aware of the specific mechanic's lien laws in the states in which they own property and take all appropriate steps to ensure that their property does not become subject to a lien as a result of their tenant's improvements.
Bridging the Gap: Concepts Useful in Negotiating Commercial Leases
Some of the more contentious provisions in commercial leases have to do with the landlord's right to recapture the leased premises upon an assignment or sublease; relocation of the tenant to other space; co-tenancy; netting of expenses; and acceleration of rent upon a default. Often the parties will be at loggerheads over these provisions and pessimistic that their differences can be bridged. However, there are concepts that can serve to bridge the gap, and this article discusses some of them in the context of those types of lease provisions.
In the Spotlight: Conducting Leasing Due Diligence? Watch for These Nine Lease Provisions
This article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.
Features
Take Caution Before Transferring Portions of a Project (Especially to Affiliates)
Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
NJ & CT News
Recent happenings that may affect your practice.
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