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Features

Redesigning Your Firm's Website Image

Redesigning Your Firm's Website

Julie Gurney

As the appetite to consume and share content grows ' and our world becomes more and more mobile-connected ' law firms must work to improve the user experience of their sites to fit these evolving needs.

Features

Internet 'Data Scraping' Image

Internet 'Data Scraping'

Anthony J. Dreyer & Jamie Stockton

The proliferation of Internet access and mobile devices has led to an exponential explosion of content on the Web, creating a vast repository of "publicly available" information. This has made it far easier for third parties to extract this data for commercial sale and use ' and to do so for free and without authorization. This data extraction, commonly referred to as "scraping," "crawling," or "spidering" (collectively "scraping"), creates legal issues and concerns for both sides of this issue.

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.

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