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Band Is Allowed to Self-Release Album During Contract Battle with Victory Records<br> Song License Non-Signatory Can Compel Arbitration<br>Videogame Service Representative's Voiceover Work for Employer Ruled a Work for Hire
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Changes Recommended to Australian Franchising Legislation
The change of federal government in Australia on Sept. 7, 2013 has created some uncertainty in relation to the changes to the Franchising Code of Conduct that were expected to result from a recent comprehensive review of the Code.
Common Issues Franchisors Face When Franchisees Divorce
While the marital status of a franchisee may seem unimportant to most franchisors, with nearly 50% of all first marriages ending in divorce (and higher for second and subsequent marriages), it is inevitable that a franchisor will be asked at some point, on some level, to become involved in the divorce of a franchisee. Handling the issues that arise can ensure that the specific franchise unit(s) owned by the divorcing parties continue to thrive and that the brand is not damaged.
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Slew of Privacy Bills Will Keep CA Lawyers Busy
When California lawmakers sent a host of online privacy bills to the governor in the final weeks of the session, consumer groups generally reacted with a "ho-hum."
U.S. Releases Draft Cybersecurity Framework
The U.S. Department of Commerce's National Institute of Standards and Technology (NIST) released its draft of a voluntary cybersecurity framework on Oct. 22 that will allow both private and public companies that work with critical infrastructure to better evaluate cyber risk, and prepare better defenses against ever-increasing online attacks.
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Making Your Firm More Productive
Owners and partners at law firms must learn more about the commercial realities of competition, pay attention to client retention, counter the increased security risks to private data on the cloud and understand how technology can reduce operating costs.
Predictability, Technology Change Cycles and Increasing Client Demands
It's the 2014 budget season and law firm decision makers are scrutinizing bottom line variables to answer many questions, including this one: Is it more advantageous for my firm in the current and future market to own an asset or lease it over its useful life?
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Approaching Discovery as a Strategic Business Process
Litigation is an unavoidable legal event. Each litigation event triggers another, evolves through several phases and eventually reaches a resolution. It is a discrete event with a beginning, middle and end.
<i>TecSec v. IBM</i>: The (Not-So) Reaching Impact of Rule 36 Affirmances
In <i>TecSec, Inc. v. IBM Corp., et al.</i>, the Federal Circuit explained the effect of Federal Circuit Rule 36, under which the Federal Circuit may "enter a judgment of affirmance without opinion" if certain conditions are met. Fed. Cir. R. 36. The decision highlights the impact of a Rule 36 affirmance on related issues in subsequent litigation, particularly where the Federal Circuit summarily affirms a district court decision that is based on multiple, independent grounds.
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The 'Friendly Fraud' Chargeback
The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›