Bit Parts
California Federal Court Decides It Lacks Diversity Jurisdiction over Company that Garth Brooks Started in Tennessee<br>Depositions of NBC Defendants in <i>Dream Machines</i> Case in Louisiana Occur in New York and Los Angeles<br>Platters Case in Nevada Ended by Sanction Against Defendant
Features
Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case
Attorneys for Viacom International Inc. told the Delaware Supreme Court in oral arguments in July that their client did not breach the implied covenant of good faith and fair dealing when it failed to renegotiate an agreement with Electronic Arts Inc. (EA) to distribute the video game <i>Rock Band</i>, thereby reducing the earn-out payments to shareholders of the game's developer, Harmonix Music Systems Inc., which merged with the Viacom entertainment conglomerate in 2006.
Columns & Departments
Cameo Clips
Elton John Song "Nikita" Not Substantially Similar to Plaintiff's Composition "Natasha" <br>Use of Faulkner Quote in Woody Allen Film Isn't Copyright Infringement
Immigration Reform
Business owners wear many hats, often including that of human resource manager. Although savvy about sales, marketing and running their operations, entrepreneurs often struggle with employment eligibility requirements, non-discriminatory hiring practices and immigration issues. Examining potential immigration-related liabilities will help franchisees reduce their risk of non-compliance and develop sound employment practices and effective hiring policies.
What Remains of CE-Style Insurance Neutrality After GIT?
Among the most hard-fought battles involving insurers, policyholders, and asbestos claimants are those that have played out in bankruptcy courts, district courts and courts of appeals called upon to review orders confirming plans of reorganization in asbestos bankruptcies.
Features
Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i>
The Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> was roundly criticized as a "nightmare," further cementing the impression that the court was confused and in conflict over the requirements of patent eligibility under 35 U.S.C '101.
Columns & Departments
Court Watch
Supreme Court Ruling Makes It More Difficult To Arbitrate Claims
Features
Supreme Court Weighs in on Reverse Payment Settlement Agreements
On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.
Features
Federal Healthcare Employer Mandate Delayed: Now What?
With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief.
Features
Second Circuit Won't Rehear <i>Aereo</i> Case
Aereo, the online service that captures over-the-air broadcasts of copyrighted TV programming and sells them to subscribers for a monthly fee, notched another victory at the U.S. Court of Appeals for the Second Circuit.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›