Columns & Departments
Business Crimes Hotline
A look at a key ruling.
Features
Tech Companies, Songwriters Compete Over Copyright Reform
In-house counsel for eBay Inc., Google Inc. and the National Music Publishers' Association agreed last month that the U.S. copyright system needs improvement, but they offered different views about how to approach reform.
Features
11th Circuit Says Copyright Co-Owner Can File Own Suit
In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement.
Columns & Departments
Case Notes
Discussion of a case involving a teen's suicide.
Columns & Departments
Med Mal News
A look at med mal-related legislation in New York and California.
Features
Captive Insurance Arrangements
Companies that use captive insurance companies to manage risk are increasingly being victimized by excess insurance companies and reinsurers that participate in their insurance programs. But captives and their owners can proactively avoid some of these common pitfalls.
Features
Sales Speak:Stop 'Selling Stuff '
Given that lawyers are not sales professionals and only spend a small amount of their time focused on business development, and given that they already have a full-time job, it's important to keep the business development approach as simple as possible. Some ideas related to keeping it simple follow:
Features
'Triggering Event Test'
In the preference avoidance context, the insolvency of the debtor is an element of the <I> prima facie</I> case that is not commonly litigated. When it is litigated, however, the scope of a debtor's liabilities can make or break the case.
Legal Presumptions of Consumer Confusion and Injury in Lanham Act Cases
The United States Court of Appeals for the Second Circuit "clarified certain aspects of [its] false advertising jurisprudence" and held that, where literal falsity and deliberate deception have been proved in a market with only two players, it is appropriate to use legal presumptions of consumer confusion and injury for the purposes of finding liability in a false advertising case brought under the Lanham Act. <i>Merck Eprova AG v. Gnosis S.p.A.</i>
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