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  • The vast majority of terms of service on websites are unenforceable. Entertainment, media and other companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.

    November 30, 2014Joshua Kaufman
  • Monroe County Family Court Judge Joan Kohout handed a lesbian couple a disappointing decision when she determined that a married same-sex couple cannot use a marital statute to block a man's paternity petition for the child he fathered with one of the spouses during the women's marriage.

    November 30, 2014Joel Stashenko
  • A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.

    November 30, 2014Gina Passarella
  • With the "Great Recession" coupled with the uncertainty of the announced convergence of U.S. and international accounting standards, some industry analysts predicted that real estate sale-leasebacks would be eliminated from the array of possible corporate fundraising strategies. That possible demise appears to be greatly exaggerated.

    November 30, 2014Thomas L. Hefty
  • The NLRB general counsel's July 29, 2014, ruling that McDonald's is a joint employer of those who work for its roughly 14,000 franchised restaurants in the United States continues to send ripples through both the legal and business worlds.

    November 30, 2014Geoffrey A. Mort
  • In the courtroom, a business transaction, or on a ball field, a loss can also be a victory. Such is the case for employees in the matter of Nielsen v. AECOM Technology, decided by the Second Circuit Court of Appeals in August 2014.

    November 30, 2014Tom Harrington and R. Scott Oswald
  • It is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.

    November 30, 2014Benjamin L. Hincks and Kelly R. Graf
  • President Obama, saying he is fulfilling a promise he made during his 2008 presidential campaign, stepped onto the "net neutrality" battlefield on Nov. 10 by releasing a statement (complete with video) calling on theFCC to adopt rules that prevent Internet service providers from charging more for faster online access and that "protect net neutrality."

    November 30, 2014Steven Salkin
  • In Nielsen v. AECOM Technology, the Second Circuit became the latest circuit to hold that employees need not "definitively and specifically" identify a particular securities law or category of fraud in order to be protected from retaliation. This is a significant victory for employees.

    November 30, 2014Tom Harrington and R. Scott Oswald