Features
Open Source Code Attribution in a Remix World
The landscape of software development and distribution is changing. Traditionally a closed-off proprietary process, developers and businesses alike are quickly realizing the many advantages that flow from the adoption of a more collaborative open source approach.
Features
High Stakes for Television Networks in Failure To Unseat Dish Customers Recording Device
The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.
No Personal Jurisdiction In Sending Copyright Termination Notices By Stan Soocher
Much of the attention to the recent decision by the U.S. Court of Appeals for the Second Circuit on rights to key Marvel Comics characters focused on the opinion's "work for hire" analysis. But the appeals court also addressed an important procedural concern in copyright termination litigation: the interplay between parties sending these notices and the jurisdictional reach of courts in which termination cases are filed.
Columns & Departments
Counsel Concerns
Atlanta Attorney Sued over Funding of Phony Lil Wayne Concerts
Features
Your Business: Someone Online Hates You
As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.
Features
The Different Types of Arbitration Awards
This is the third in an ongoing series of articles that will provide franchise attorneys with practical advice about arbitration.
Data Protection and Risks in Cross-Border Joint Ventures
In July, U.S. prosecutors said they had uncovered the largest credit card fraud operation in U.S. history and arrested six men in Russia and Ukraine. More than 160 million credit and debit card numbers were stolen, costing the victim companies more than $300 million. It's no wonder that senior in-house lawyers in the recently released Winston & Strawn "International Business Risk Survey" say that their top concern in following data privacy laws is customer data ' including data security and risk.
Columns & Departments
Court Watch
Hotel Franchisor to Face Trial on Vicarious Liability Claims <br>Federal Court Rejects Franchisee's Unclean Hands Defense<br>Court Dismisses Licensee's Fraud in the Inducement Claim under Parol Evidence Rule
Features
A Moral Dilemma?
In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But for licensors to overlook these rights brings peril.
IP News
Obama Administration Vetoes ITC Ban <br>Medical Devices Case Yields Treble Damages in Michigan
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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 ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.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 ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›