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Features

Marketplace Fairness Act May Help Clear Muddy Tax Waters Image

Marketplace Fairness Act May Help Clear Muddy Tax Waters

Wayne Berkowitz

With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.

Features

How Royalties Are Determined for New Material Written for Public Domain Music Compositions Image

How Royalties Are Determined for New Material Written for Public Domain Music Compositions

Jeff Brabec & Todd Brabec

Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.

Columns & Departments

Counsel Concerns Image

Counsel Concerns

Stan Soocher

Advice-of-Counsel Affirmative Counterclaim Defense to Remain in Case Brought over Use of "Twilight" Marks<br>Former Litigation Attorney's Handling of Case Doesn't Relieve Film Company of Liability for Judgment<br>Motion to Disqualify Counsel Is Denied in Suit Involving Process for Selling Concert Recordings

Where Should A Franchisor Set Up Its Headquarters? Image

Where Should A Franchisor Set Up Its Headquarters?

James Goniea

What is the best location in the United States for a franchisor to set up its headquarters? That is the question I recently posed to the ABA Forum on Franchising Listserv. The query elicited a flurry of fascinating responses, many of them quite detailed and well-considered.

Features

Willfulness and Liability, Separate But Equal? Image

Willfulness and Liability, Separate But Equal?

Angie M. Hankins & Vivian Luo

This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.

Features

The Evolution of e-Discovery Image

The Evolution of e-Discovery

Bowe Kurowski

e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.

Features

Marketplace Fairness Act May Help Clear Muddy Tax Waters Image

Marketplace Fairness Act May Help Clear Muddy Tax Waters

Wayne K. Berkowitz

With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.

Features

Managing the Challenge of Big Data e-Discovery Using the Cloud Image

Managing the Challenge of Big Data e-Discovery Using the Cloud

John Tredennick

The power of big data was dramatically illustrated in the wake of the Boston Marathon bombing. Within 24 hours, investigators had compiled more than 10 terabytes of data related to the incident. By meticulously combing through it all, they were able to identify suspects in relatively short order.

The Future of the Legal Profession Image

The Future of the Legal Profession

Stephen M. (Pete) Peterson

The future has already happened. During the past five years, the legal industry has been going through a dramatic transformation that is driven by a number of changes. This restructuring in the way legal services are delivered affects all law firms. As a result, developments that law firms did not expect are impacting the industry.

Features

Law by the Numbers Image

Law by the Numbers

Ed Poll

Every law firm is a business and every business should know where it's going. Lawyers who understand statistical analysis of their firm's operation can explore operating efficiencies, gauge the firm's performance relative to its financial goals, and better assess and reflect value to clients in their bills.

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