'Tangible Property' Defined in the Computer Age
April 28, 2011
With the increasing use of social media for marketing and advertising purposes, businesses of all sizes are seeking insurance coverage for various types of Internet-based exposures. Among others, companies are looking to insure against claims raised by users viewing or otherwise accessing a company's websites and advertisements for damage to hardware, data, information, and other computer components.
Franchising: A Venus Flytrap for Trademark Licensors
April 28, 2011
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Watching You ' Steal My IP
April 28, 2011
Are you watching your online competitors, lest they steal your ideas, your customers, or both? How can an online firm learn when another firm is infringing its intellectual property?
Machinery and Equipment Supply Contracts
April 27, 2011
Having negotiated and drafted supply contracts throughout the United States and Canada, as well as other parts of the world (with the help of local counsel), the author has observed that the key legal issues are usually the same. Four of the most fundamental are: 1) getting paid; 2) warranties; 3) indemnities; and 4) limitations of remedies.
Franchises Eye International Expansion
April 26, 2011
International franchising carries numerous complications that must be addressed by a franchisor's business and legal strategy, said several experts at the 2011 International Franchise Expo.
Structuring Sweepstakes and Contests
April 26, 2011
Whether operated by a franchisor or a franchisee, contests involving skill or games of chance aimed at consumers are often an integral part of a promotional and brand-building effort. This article sets forth some key legal and practical issues you should consider when operating a promotion.
Supreme Court Sharpens 'Cat's Paw' Liability
April 24, 2011
In its recent unanimous decision in <i>Staub v. Proctor Hospital</i>, the U.S. Supreme Court both recognized the concept of "cat's paw" liability in employment discrimination cases ' and sharpened its claws.
New Regulations for Service Providers
April 24, 2011
Last year, the DOL issued interim final regulations under ERISA Section 408(b)(2) that impose new disclosure requirements on "covered service providers" providing services to specified pension plans subject to ERISA. And that's not all.
The Battle over Food-Related Liability
April 22, 2011
Part One of this article in last month's issue discussed the litigation faced by manufacturers and purveyors of food. Part Two herein addresses the relevant legislation.
