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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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›