Alan R. Friedman
While the full significance of the MPAA's victory in the <i>Hotfile</i> case, in defining how copyrighted works may be distributed over the Internet, remains to be seen, the court's decision suggests some winning ' and losing ' arguments for competing sides to mount in upcoming disputes.
Features
Julia M. Beckley
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.
Craig R. Tractenberg
A particularly vexing issue for franchisors is enforcing the post-termination obligations against the former franchisee, and against others acting in concert to usurp the benefits of the franchise relationship after it has expired or terminated. A recent decision in New Jersey federal court provides some insight on how to address these issues.
Robert B. Lamm
The facts are that our disclosures are voluminous and getting more so every year (many companies' proxy statements are at or close to 100 pages, and some 10-Ks are in excess of 200 pages) that most investors don't have the time to read, much less digest, these documents and that those who do often find them overwhelming.
Features
Jonathan Bick
Last year, CNN reported that more than 80 million fake/impostor Facebook profiles were in use. Among them was a New Jersey Facebook user who created a fake profile that depicted her ex-boyfriend as a criminal. Another user in California accessed and altered another's Facebook account without consent. These unlawful actions typify the two most common forms of Internet identity theft: e-impersonation by fraudulently creating a fake account or by deceptively using an existing account.
Columns & Departments
Lauren Sullins Ralls
Preliminary Injunction Issued Against Franchisees That Disregarded Pricing Promotion <br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant<br>Presidential Executive Order Gives Ford Right to Terminate Syria Contract
Features
Anne E. Collier, MPP, JD
Since the changes in the legal economy in 2008, distinguishing oneself from other lawyers is critical to getting a job, work from colleagues, and more clients. This is true for both partners and associates. It's not enough to be smart and hardworking. A lawyer must be known for what he or she does, and must be able to sell him or herself.
Features
Mark Abell
The duty of good faith seeks to deliver a degree of equilibrium to the inherent tension within the franchise relationship between the desire of both parties to obtain the best commercial deal for themselves and a need to have a good ongoing commercial relationship based upon a modicum of mutual trust. It is currently a topic of considerable interest in the United States as a number of states consider enacting legislation imposing a duty of good faith.
Features
Todd Presnell
Courts employ a heightened standard when companies attempt to shield their employee'in-house lawyer communications under the attorney-client privilege. The dominant reason for this scrutiny is the recognition that employees often involve in-house counsel in business and legal-related conversations, forcing courts to scrutinize whether the putatively privileged communication pertained to legal or business advice.
Features
Thomas A. Elliot
Interest on distributive awards is an important ' and at times overlooked ' aspect of matrimonial practice. When a matrimonial action becomes protracted, an award of prejudgment interest, measured from the date of commencement of the action, may be substantial, especially if the award is at the statutory rate of 9%.
