The Dimensions of 'Goodwill' in a Law Practice Sale
One of the thorniest issues in selling a law practice involves the issue of goodwill and how to value it. HEre's what you need to know.
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The Application of 365(n) to Cross-License Agreements
The Fourth Circuit's recent decision in <I>Jaffe v. Samsung Electronics Co., Ltd.</I> has drawn attention to the integral role section 365(n) of the Bankruptcy Code plays in protecting the rights of non-debtor counterparties to patent cross-license agreements.
Features
Recognition, Not Relitigation
If there were a James Bond movie featuring only lawyers, this might be it: <I>SNP Boat Service, S.A. v. Hotel Le St. James.</I>
Features
Getting Fees Paid by the Chapter 11 Estate Without Proving Substantial Contribution?
Despite vociferous objections from the United States Trustee in the Southern District of New York, courts have recognized an alternative method for obtaining payment from the debtor's estate of certain fees.
Features
The Evolution of a Process
Here we are in 2014, the number of law firms outsourcing parts of their back-office is increasing and more and more firms are interested in the process as a way to control costs and increase the efficiencies in their back office operation. Why the change? To explain it fully requires one to look at the evolution of the process.
Features
Financier Got Bona Fide Right To Screenplay Copyright
The U.S. District Court for the Southern District of New York decided that an investor obtained the copyright to a film screenplay, even if the finance advisor for the production company in which the screenplay author had an equity interest fraudulently induced the author to assign the copyright to the production company.
Features
Go Time for Windows XP
From hardware to software, change is the rule and attorneys who don't want their offices or firms to be a casualty of advancing technology need to be proactive.
Features
<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Features
Tensions Between Authors' Contracts for Book Publishing and Film Production Rights
The agreements authors make with companies that publish their books ' and with the production companies that make films based on those books ' have changed significantly over the past several years. Due in part to the kind of films currently being produced and to available new technologies (particularly for books), these changes have introduced conflicting overlaps between the two types of contracts.
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