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Features
Today's book publishing agreements typically include a grant of e-book rights from an author to a publisher. But contracts from the pre-e-book era have been contested as to whether the older agreements give the author or the publisher the e-book rights in the author's works. The U.S. District Court for the Southern District of New York has decided that the phrase "now known or hereafter invented" granted the e-book rights to the publisher.
Columns & Departments
Wife May Have Equitable Interest in Husband's Separately Owned Home,
Features
One of the challenges commonly facing franchise lawyers is that there are several definitions of the term "franchise." Regardless of whether the parties intend to establish a franchise relationship, if the relationship legally is deemed a "franchise," certain federal and state laws may apply. However, the definition of "franchise" often varies from statute to statute, and it may be difficult to determine whether a particular statute applies.
Features
Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process.
Features
Moore's Law revealed the fundamental question we all ask when faced with a new technology: should I <i>purchase</i> that device? The fact is, we don't know. The period of exponential improvement which we are all now familiar with has shown time and again that there will be some breakthrough in technology over the next several months that delivers a product to me that is better, cheaper and faster.
Columns & Departments
Junior Mortgagee Fails in Effort to Require Senior Mortgagee to Sell Security Separately <br>Time of the Essence Notice Ineffective When Served Before Initial Closing Date<br>Seller Not Entitled to Vendor's Lien
Tax experts and lawyers for both online and brick-and-mortar retailers last month urged Congress to pass Internet sales tax legislation ' but they couldn't agree on what the bill should look like.
When is a sale a sale? This question is much more than semantics or a deep philosophical debate that college accounting majors have over a nice cold keg of Mountain Dew. Many an executive or business owner has gone to jail over this issue.
Over the past decade a lot of effort and debate has gone into answering the question: How do we reduce the amount of data we need to review related to the production of documents? Solutions have focused on reviewing documents to produce, while incoming productions have been largely ignored.
Features
Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.