Features
What's New In the Law
Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases
Joinder Issues in BitTorrent Copyright Litigation
Over the past several years, there has been a national flurry of civil actions brought primarily by pornographic filmmakers alleging copyright infringement by individual file-sharers using the BitTorrent computer protocol.Typically, the copyright holders allege that users illegally downloaded, reproduced and distributed at least a portion of the film at issue using BitTorrent, a peer-to-peer protocol that allows users to transfer large files on the Internet.
Features
<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>
In <i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>, the Federal Circuit held that the functional claim language of "spaced relationship" was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be.
Features
Interoperability Exemptions Under The DMCA
The DMCA prohibits the circumvention of digital rights management technologies and other similar content access or copy restrictions on copyrighted works. As such, it has long been understood that the circumvention of computer programs to enable interoperability of non-approved software applications ' a practice commonly referred to as "jailbreaking" ' was forbidden under the DMCA.
Features
Taming the Beast
Corporate law departments acknowledge the need to manage and control the unabated and explosive growth of digital information, yet understand that the traditional approach will not work. Compounding the problem are regulatory and privacy issues.
Facing Multilingual Litigation in e-Commerce
International borders are no longer a barrier in e-commerce business. Enterprises often have multinational corporate parents, subsidiaries, suppliers and customers. Even smaller companies can develop e-commerce websites and reach out to prospects in all corners of the world.
Features
Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments
Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.
Features
Jos' Feliciano Sues to Rescind Management Deal
International recording artist Jos' Feliciano is suing his manager and asking a Broward County, FL, circuit judge to rescind their contract.
Columns & Departments
News Briefs
Delaware Affirms Franchisors Are Not Franchisees' Employers <br>CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms<br>New Hampshire Passes Changes to Vehicle Dealership Laws<br>Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22<br>Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit
Features
Can Judges 'Friend' Lawyers?
It should be no surprise that the continuing growth of social media tools such as Facebook, Twitter and LinkedIn has led to questions about its use by members of the legal community, including members of the judiciary.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›