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  • 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. Petrella v. Metro-Goldwyn-Mayer Inc. stems from a dispute over the rights to Raging Bull, the 1980 Martin Scorsese film based on the life of World Middleweight Champion Jake LaMotta.

    January 31, 2014Marcia Coyle
  • Recent Cases Raise Red Flags for Franchise Agreement Drafters
    Ill. Appellate Court Holds FDD Earnings Claim Disclaimers Defeat Fraud Claim
    Noting New York City's Density, Court Enforces, But Limits, Restrictive Covenant

    January 31, 2014Charles G. Miller and Darryl A. Hart
  • 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.

    January 31, 2014Mark Abell
  • 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.

    January 31, 2014Craig R. Tractenberg
  • Ninth Circuit Cool to Privacy Claims against Facebook, Zynga
    Cooley Advises LegalZoom in Private Equity Infusion

    January 31, 2014ALM Staff | Law Journal Newsletters |
  • Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape
    Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim
    'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character

    January 31, 2014Stan Soocher
  • Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting
    Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents
    FDCA Does Not Preempt State Unfair Competition Claims

    January 31, 2014Jeffrey S. Ginsberg and Wyatt Delfino
  • 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.

    January 31, 2014Lawrence L. Bell
  • 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.

    January 31, 2014Paul Kehoe