Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Privileges, Clawbacks, and Inadvertent Disclosures
Todd Presnell
Several issues and concerns populate corporate counsels' minds when confronted with e-discovery demands, but two rise to the top: 1) collection and production cost; and 2) inadvertently producing information protected by evidentiary privileges. And these two concerns overlap, producing a Catch-22 dilemma for in-house lawyers.
Features
Quarterly State Compliance Review
Sandra Feldman
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Nov. 1, 2012 and Jan. 1, 2013. It also reviews some recent decisions of interest, including two from the Delaware Supreme Court.
An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
H. David Kotz
This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
Real Estate Issues In the Cellular Industry
Mitchell L. Berg
&
Peter E. Fisch
Wireless devices allow the user to remain connected to the world without being tied down to a particular place. However, this freedom to roam is wholly dependent on technology that, in order to function effectively, relies on numerous parcels of real property at locations around the world. This article describes the real estate interests that underlie the operation of the cellular communications industry.
Features
Landlord's Right of Relocation
Glenn Browne
This article addresses issues that should be raised by the tenant based upon the landlord's relocation right, as well as certain strategic requirements that the tenant should insist upon before allowing the landlord to have a relocation right in the lease.
Features
The Landlord's Lien under the Uniform Commercial Code
David P. Resnick
&
Erin Brechtelsbauer
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
Features
In the Courts
Matthew J. Alexander
&
Christian E. Izaguirre
A recent case about sentencing guidelines.
Features
CFTC Rulemaking Under Dodd-Frank Paused
James Ching
An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies.
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MOST POPULAR STORIES
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.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 ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›