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Recent Developments from Around the States
The latest rulings you need to know.
National Litigation Hotline
National rulings of interest to you and your practice.
Features
Why Mediation Works
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
<b>Commentary</b>Issues To Consider In Supreme Court's <i>Grokster</i> Review
Critical questions for the Supreme Court are likely to be the amount of non-infringing activity required for a contributory or vicarious infringer to escape liability for use of its product, and perhaps the intent of the defendant in developing and marketing its product.
Features
Royalty Audit Law Takes Effect In California
On January 1, 2005, the Recording Industry Accounting Practices Act took effect in California. The law, which was proposed by California State Legislator Kevin Murray (D-Culver City), gives artists minimum statutory audit rights that override several of the disputed audit provisions of standard recording agreements.
Clause & Effect: <b>Courts Rule on Audit Rights, Moral Clauses, And TV Talent Rights in Program Trademarks
A roundup of recent court decisions on provisions in entertainment industry contracts.
Paramours and Promotions
Title VII of the Civil Rights Act of 1964 is the major federal anti-discrimination law and prohibits job bias on the basis or race, color, religion, national origin, or sex. The U.S. Equal Employment Opportunity Commission (EEOC), which administers Title VII, has issued a policy guidance stating that the statute does not prohibit isolated instances of preferential treatment based on consensual romantic relationships -- "An isolated instance of favoritism to a 'paramour' (or a spouse, or a friend) may be unfair, but it does not discriminate against women or men in violation of Title VII, since both are disadvantaged for reasons other than their genders."
Features
Papering The Electronic Deal
Deals get done today online much more quickly than on paper. Lawyers, clients and investment bankers routinely swap blacklines several times a day by e-mail as negotiations proceed without the loss of a single tree. <br>But once the deal is done, is everyone always really sure of the terms to which he or she "agreed"?
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
Supreme Court May Be Ready To Uncork Interstate Wine Sales
The Supreme Court last month appeared hostile toward state barriers that impede interstate wine sales, likely foreshadowing a win for small wineries in their long battle against the system that controls sales of alcoholic beverages nationwide.
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- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
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- 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 ›