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.
Features
Partly Cloudy with a Chance of Sanctions
The legal industry always seems to be late in keeping up with ever-evolving business technology. The lag has little to do with the business of law, and everything to do with the restrictive ethics rules that govern all aspects of the practice. Like those of us practicing in the '90s, today's practitioners are grappling with the ethical uses of yet another technological advance which is being adopted across the business world: The Cloud.
Features
<i>Lenz</i> Lawsuit Dances to a Fair Use Tune and Heads For Trial
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
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