Sup. Ct. Hears <i>Raging Bull</i> Laches Dispute
The U.S. Supreme Court in January heard oral arguments on whether a person's unreasonable delay in filing a copyright infringement action can be used to bar that lawsuit. <i>Petrella v. Metro-Goldwyn-Mayer</i> Inc. stems from a dispute over the rights to <i>Raging Bull</i>, the 1980 Martin Scorsese film based on the life of World Middleweight Champion Jake LaMotta.
Columns & Departments
Court Watch
Recent Cases Raise Red Flags for Franchise Agreement Drafters <br>Ill. Appellate Court Holds FDD Earnings Claim Disclaimers Defeat Fraud Claim<br>Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant
European Civil Law, Franchise Agreements and the Duty of Good Faith
The "restrictive," "adaptive" and "collateral" approaches to a duty of good faith can be found in differing combinations and degrees in most of the civil jurisdictions in the EU, despite the fact that some of them have a very different historical perspectives and approaches to the concept of good faith. Last month we took a look at the German system; now, we turn to the French.
Bid to Topple Patent Law Doctrine Fails
Palo Alto Networks' unusual bid to drive its patent battle with rival Juniper Networks into state court has fallen short.
Features
Amend Your Arbitration Clause to Comply with New Rules
Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.
Columns & Departments
Net News
Ninth Circuit Cool to Privacy Claims against Facebook, Zynga <br>Cooley Advises LegalZoom in Private Equity Infusion
Columns & Departments
Bit Parts
Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character
Columns & Departments
IP News
Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting <br>Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents<br>FDCA Does Not Preempt State Unfair Competition Claims
The Death Benefit Only Program
The Death Benefit Only (DBO) program provides non-qualified deferred compensation, and death benefits. The DBO program can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis. The DBO program, when structured properly, can accept elective or non-elective contributions on an individual employee basis. The benefits can also be used as Golden Handcuffs to retain valued employees.
Features
National Origin Discrimination
Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination.
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