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Impact on Peer-to-Peer Cases: Vicarious Liability Claims May Have Their Limits Image

Impact on Peer-to-Peer Cases: Vicarious Liability Claims May Have Their Limits

Will Montague

Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, "traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment." Meyer v. Holley, 537 U.S. 280, 283 (2003). <br>In the area of copyright law, however, courts have developed an expanded form of vicarious liability that has been applied without regard for traditional limits on vicarious liability.<br>The question remains, however, whether this expanded application of vicarious liability comports with Supreme Court precedent.

Features

Video-Game Biz Is Growth Area For Law Firms Image

Video-Game Biz Is Growth Area For Law Firms

Joel Landau

In 2003, the video-game industry generated $7 billion in sales. The continued success of this industry has created opportunities for law firms to expand their services into the video-game field. For example, being on top of developments in the video-game industry is a priority for San Francisco's Morrison &amp; Foerster. The firm recently formalized a 25-lawyer video-game practice in response to its ever-increasing business with the industry.

Features

Courthouse Steps Image

Courthouse Steps

ALM Staff & Law Journal Newsletters

Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

FMLA Exceeding Intentions Of Congress Image

FMLA Exceeding Intentions Of Congress

Frank C. Morris Jr. & Steven Moll

The Family and Medical Leave Act (FMLA), signed into law by President Clinton in 1993, was designed to balance the demands of the workplace with the personal and economic needs of families and to promote the national interest by preserving the stability of families. <br>However, in the 11 years since the FMLA was enacted, evolving results from U.S. Department of Labor (DOL) regulations, court decisions, fluid medical guidelines and a changing workplace have created impediments to an employer's ability to operate its business reasonably-in ways that Congress did not intend.

An Alternative Fee <i>Meal</i>odrama Image

An Alternative Fee <i>Meal</i>odrama

Rees W. Morrison

A witty, punny tale with a moral ' partners and general counsel are after the same thing: Quality legal work at lower cost, with profitability (and a good meal).

The Experience Gap Image

The Experience Gap

Adrienne Sanders

As the economy improves and deals begin to flow into Silicon Valley anew, firms are again relying on mid-level corporate associates to do a lot of the work. Trouble is, 3 years of deal drought have left many of those associates short on the experience necessary to handle the tasks.

Features

Around the Firms: <b>Clifford Chance Closes Two West Coast Offices </b> Image

Around the Firms: <b>Clifford Chance Closes Two West Coast Offices </b>

Anthony Lin

British legal giant Clifford Chance is closing its offices in San Francisco and Los Angeles after the defection of several partners to San Francisco-based Orrick, Herrington &amp; Sutcliffe.

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent court rulings in e-commerce.

Are Instant Messages Discoverable? Image

Are Instant Messages Discoverable?

Gregory S. McCurdy & Martha J. Dawson

e-Mail has certainly changed the way businesses communicate, and many commentators predict that instant messaging is poised to bring about the next corporate-communications revolution, an event that raises numerous questions for today's corporations.

Features

Plan Now, Or Pay Later Image

Plan Now, Or Pay Later

Stanley P. Jaskiewicz

Week after week, month after month, warnings flood e-commerce, and brick-and-mortar enterprises, about the technology we all have come to depend on at home and at work. New threats from viruses, hackers or just bug-filled software make the cliche, "Can't live with it, can't live without it" an increasingly accurate descriptor of our high-tech world. <br>But could we really live for long without our computers? Instead, long before anyone worried about the virus of the day, businesses planned against disaster to avoid any type of disruption to the many devices we rely on.

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