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  • One of the thorniest issues in selling a law practice involves the issue of goodwill and how to value it. Goodwill is both an accounting term and a qualitative dimension. Understanding both helps the average lawyer better understand the sale of a law practice.

    January 31, 2014Ed Poll
  • Companies that create and distribute mobile apps are under increasing pressure to protect user data. In 2013, the FTC and the California Attorney General each published privacy recommendations for mobile apps. Among other things, the FTC urges "privacy by design," advising companies to build privacy protections into apps from the outset.

    January 31, 2014Min Lee
  • Students and schools around the country are utilizing new digital technologies in ways many people did not imagine at the turn of the century ' and those technologies offer great promise. Unfortunately, the current legal framework designed to protect student privacy and safety has not kept up with the rapid advancements that have been created by the Digital Age.

    January 31, 2014Bradley S. Shear
  • On Dec. 13, 2013, the United States Court of Appeals for the Federal Circuit issued a landmark decision limiting the statutory authority of the International Trade Commission (ITC) to remedy indirect infringement, holding "that an exclusion order based on a violation of 19 U.S.C. '1337(a)(1)(B)(i) may not be predicated on a theory of induced infringement under 35 U.S.C. '271(b) where direct infringement does not occur until after importation of the articles the exclusion order would bar."

    January 31, 2014Darryl Woo, Bryan Kohm and Ravi Ranganath
  • Soverain Software, the e-commerce company whose $2.5 million jury win for infringement of its "shopping cart" patents was reversed by the U.S. Court of Appeals for the Federal Circuit, failed to convince the U.S. Supreme Court to take its appeal.

    January 31, 2014Lisa Shuchman
  • Sens. Tom Carper (D-DE) and Roy Blunt (R-MO) are taking aim at retailers with new legislation intended to improve safeguards for consumer information, following recent revelations about data breaches at Target Corp. and Neiman Marcus Group Ltd.

    January 31, 2014Andrew Ramonas
  • 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