IP News
Highlights of the latest intellectual property news and cases from around the country.
Taming the Tenant's Form of Lease: Common Landlord 'Fixes'
Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
Danger Ahead
The word "caution" should be the watchword when taking on a dual The act of "defending the witness' interests" by taking on his/her limited representation may leave counsel with real ethical dilemmas and even perhaps a legitimate disqualification motion.
The Impact of the Internet on Strict Product Liability Law
Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.
Havana Central: Tort Liability and Holdover Tenants
A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
e-Commerce Docket Sheet
Arbitration Clause in User Agreement Does Not Apply to Phone-Sales Agent <br>Arbitration Clause Is Not Unconscionable for Savvy Corporate Parties <br>Alleged Copyrighted Work Distribution Can Establish An Infringement Claim<br>Songwriters' Claim of Alleged Misappropriation Cognizable under Copyright<br>Exhaustion Doctrine Bars Rights Assertion in Sales to Third-Party Manufacturers
Keeping Up with Online Brand and Other Related Scams and Frauds
The Internet has also provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users. This conduct shows up in the almost unlimited amount of Internet scams and frauds active at any point, yet because of the nature of the Internet, it is almost impossible for a small business, consumer or e-commerce attorney to stay up-to-date.
