Features
Injunctions in Franchising: Comparing the Canadian and American Systems
This month's installment continues an exploration of the differences that franchisors in the United States and Canada will face when seeking injunctions to enforce non-competition and other covenants contained in their franchise agreements.
Features
Supplemental Bonuses
New York's Sullivan & Cromwell LLP plans to pay counsels and senior associates (fifth-year level and up) bonuses tied to the firm's financial performance.
Features
An Upbeat View: Nonlawyer Ownership of Law Firms
This article examines the two main objections to outside ownership of law firms. The first is that it would permit nonlawyers to interfere with lawyers' exercise of professional judgment. The second is that the firm's duty to its shareholders would lead it to focus blindly on maximizing profits.
Features
How Nonlawyer Ownership Abroad May Affect U.S. Firms
This commentary provides some preliminary thoughts on how equity investments in non-U.S. law firms may change how U.S. law firms do business.
Features
The Uncertain Tax Status of Series LLCs
The Internal Revenue Service has not weighed in on the proper tax classification of series LLCs. Accordingly, lawyers recommending this new form of entity to clients or considering a series LLC for an ancillary business of the law firm or other purpose should proceed with caution.
Features
Case Notes
Highlights of the latest product liability cases from around the country.
Features
Prescription Drugs: Consumer Fraud in Sales and Marketing
Claims of consumer fraud are difficult and rarely succeed in the context of a pharmaceutical product liability action. They are, however, troublesome, because the pleading of such a claim often opens the door to extensive discovery of the company's sales and marketing departments. If the defendant cannot succeed in obtaining a dismissal prior to trial, it may still permit the jury to hear evidence of sales tactics and strategies that often paint the manufacturer in a less-than-favorable light. Companies should be aware of the potential for such claims and plan their sales and marketing strategies accordingly.
Features
Bit Parts
Performers' Names/Trademarks; Right of Publicity/Descendibility; Talent Agencies Act/Arbitration Clauses; Talent Agencies Act/Severability; Taxation/Film Manufacturing
Features
Third-Party Asbestos Decisions: The Impact of Relationships And Public Policy Concerns
A recent decision by the Michigan Supreme Court has provided more clarity about how a state court is likely to rule in asbestos cases alleging third-party liability. States appear to be looking more to the nature of the relationship between the plaintiff and the defendant.
Cameo Clips
COPYRIGHT INFRINGEMENT/LACK OF ACCESS; COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY; COPYRIGHT REGISTRATION/DEPOSIT COPY; RECORD-DISTRIBUTION DEALS/DERIVATIVE-SONGS RIGHTS; RECORD-LABEL VALUATION/EXPERT WITNESSES; RIGHT OF PUBLICITY/FIRST AMENDMENT
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- When It Comes to Trademark Searches, AI Misses the MarkArtificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.Read More ›
