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Features

Stakes Rise As U.S. Supreme Court Hears Downloading Showdown Image

Stakes Rise As U.S. Supreme Court Hears Downloading Showdown

Tony Mauro

The Supreme Court appeared wary on March 29th of punishing peer-to-peer downloading services like Grokster for copyright violation, in spite of arguments by a lawyer for the recording and movie industries that they amount to "a gigantic infringement machine." <br>An hour of spirited oral arguments in the case <i>MGM Studios Inc. v. Grokster Ltd.</i>, played out before a courtroom packed with intellectual property lawyers and entertainment industry representatives.

Features

Net News Image

Net News

Samuel Fineman, Esq.

Recent developments of note in the Internet industry. This month:<p>Music Industry Expands Piracy Lawsuits to Asia <br>Senators Eschew Historical Tax for Internet <br>Lawmakers Introduce Bill to Extend Internet Tax Ban<br>Congress Moving to Tackle Spyware Problem<br>Judge Sentences Spammer to 9 Years

Features

Online Gambling Boom Comes With Tangle of Lawsuits Image

Online Gambling Boom Comes With Tangle of Lawsuits

Tresa Baldas

The booming world of online gambling has dealt lawyers a messy hand of legal challenges, spawning a host of lawsuits that target an industry poised to make nearly $10 billion this year ' up 40% from last year. <br>In California, a group of lawyers has filed a class action suit against a dozen search engines, including Yahoo and Google, for allegedly running ads that lead players to online gaming sites. The suit seeks to hold the search engines responsible for gambling losses.

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Highlights of the latest commercial leasing cases from around the

In the Spotlight:Tenants Must Act Prudently When Executing Estoppel Certificates Image

In the Spotlight:Tenants Must Act Prudently When Executing Estoppel Certificates

William Crowe

Tenant estoppel certificates are generally perceived by most tenants as an occasional innocuous annoyance, and in most cases they are just that. There are certain instances, however, where the careless execution by a tenant of an estoppel can lead to serious potential legal difficulties in the future.

Don't Forget the Boilerplate: Not All Standard Miscellaneous Provisions Are Standard Image

Don't Forget the Boilerplate: Not All Standard Miscellaneous Provisions Are Standard

Christopher A. Jones & Scott A. Weinberg

After extensively reviewing or drafting the "substantive" provisions of a lease, it is tempting to overlook the so-called "boilerplate" provisions usually found at the end of the lease. These provisions typically are placed innocuously in the "Miscellaneous" section of a lease, thereby furthering the impression that such provisions are standardized and of little importance. Such boilerplate provisions are not nearly as uniform and standard as one might think, however, and numerous differences can be found in Miscellaneous provisions depending on whether the lease is drafted on behalf of the landlord or the tenant. It is imperative, therefore, that the boilerplate provisions of a lease are carefully reviewed by both parties to ensure that such provisions accurately and completely set forth each party's understanding of the lease terms.

Features

Mass Transfers and Tenant Chain Sales: Advice for Landlords Image

Mass Transfers and Tenant Chain Sales: Advice for Landlords

Jeanne Banka

The rumor that the retailing giant, Target Stores, may be taking over one of Canada's oldest and most venerable department store retailers, the 334-year-old Hudson's Bay Company ("The Bay"), and/or its junior department store discount division, Zellers, has left many Canadian landlords scrambling to review their leases in order to ascertain their rights. Many landlords will find that Target may be able to slip into The Bay's shoes without the necessity of having to obtain the landlords' consent to the transaction. Target's entry into Canada may prove to be as seamless and effortless as Wal-Mart's successful entry into the Canadian market a decade ago through its subleasing of stores from F.W. Woolworth &amp; Company, a feat that was achieved for the most part without the necessity of landlord consent.

Features

The Unofficial Rules of Evidence Image

The Unofficial Rules of Evidence

G. Christopher Ritter

In most law schools, "Evidence" is a required course. After completing it, every student can outline the basic requirements of admissibility; namely, the…

Negotiating the Software Contract Image

Negotiating the Software Contract

Alison Meyer Vann

Attorneys live and work in a world of contracts. Usually, however, this expertise involves optimizing legal agreements for the firm's clients. But when a law firm enters into its own software contracts, it is presented with the unique opportunity to optimize a negotiation for its own benefit. Attorneys, more than most software buyers, are aware of the legal issues involved in an IT contract such as indemnity, limitation of liability, confidential information and warranties. However, there are a number of business issues for any software buyer to consider. The key is to anticipate which of these a software company might deem negotiable.

Features

Product Review: Back-up and Disaster Recovery Solutions Solutions from NSI Software Image

Product Review: Back-up and Disaster Recovery Solutions Solutions from NSI Software

Dierk Eckart

After the attacks of September 11, 2001, Thacher Proffitt &amp; Wood was forced to relocate from its offices at the World Trade Center, and as a direct result began to enhance its business continuity plan to protect itself in the event of another catastrophe. Part of that plan included the safeguarding of the firm's IT assets.

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