Features
Analyzing Advertiser Liability for Blogger Reviews
This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of "peer" opinions to consider. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe?
Features
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Features
Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie & Fitch store because she wore a black headscarf, or hijab, to her job interview.
Features
In the Spotlight: Rights of First Offer
As the competition to clear vacancies escalates in many office leasing markets, more prospective tenants are able to extract concessions that were once only the province of larger users. This article discusses one of those concessions ' the "right of first offer" or "ROFO."
Columns & Departments
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
Features
End-of-Life Nursing Care
Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.
Features
The Settlement Privilege and the Threat of Legal Action
Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.
Features
Good Faith: The European View
In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.
Features
Anti-Assignment Clause?
The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.
Internet Copyright Infringement: An Emerging White-Collar Crime
Both white collar criminal prosecution and civil remedies thwart the unauthorized use of copyrighted material. Traditionally, injunctions and damages are more commonly used than criminal prosecution to frustrate infringements. However, the increasing use of the Internet for infringement activities makes criminal sanctions a better deterrent than traditional civil actions, thus Internet copyright infringement is emerging as a white-collar crime.
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