Managing Native File Production Requests
September 01, 2006
Last month, the authors provided a primer on native file production requests and examined what the courts have said on the matter. This month, the authors take on substantive issues in objections to native file requests.
EDD Market Growth Will Continue
September 01, 2006
Our survey covered the 2005 calendar year. Based on our research, we estimate that 2005 commercial EDD revenues were nearly $1.3 billion, up 56% from 2004. We estimate that the top 30 providers collected about $450 million. An additional 360-plus providers accounted for another $455 million, while 'do-it-yourself' firms (law firms and companies handling EDD work themselves that otherwise would have been sent to a provider) represented $90 million.
When Should Records Be Retained or Destroyed ' or Not?
September 01, 2006
Numerous courts have imposed sanctions on companies for negligent spoliation of documents under records-retention/destruction policies as punishment for violation of the common-law duty to preserve records when litigation is reasonably anticipated. In the aftermath of these cases, many companies have implemented litigation-hold policies to preserve potentially relevant documents.
Copyright Grantees Served Sour Grapes in Steinbeck Dispute
August 31, 2006
In 1976 and again in 1998, Congress extended subsisting copyrights, by 19 and 20 years respectively. <i>See</i> Pub. L. 94-553, 90 Stat. 2541 (1976) (extending renewal term for pre-1978 works to 47 years, for 75 years total protection); Pub. L. 105-298, 112 Stat. 2827 (1998) (extending renewal term for pre-1978 works an additional 20 years, for 95 years total protection). Seeking to allow authors and their kin to share in the benefits of the newly extended terms, Congress afforded them a mechanism known as statutory termination. <i>See</i> 17 U.S.C. '304(c) and (d). The mechanism allows abrogation of contracts executed prior to Jan. 1, 1978, otherwise valid under state law, by which an author (or certain other specified persons) had transferred away copyright interests. To bolster and protect this termination right, Congress mandated that it may be effected 'notwithstanding any agreement to the contrary.' 17 U.S.C. '304(c)(5); <i>see also</i> 17 U.S.C. '304(d)(1).
Litigating the Business Method Patent: Pitfalls for Unwary Defendants
August 31, 2006
The lion's share of business method and e-commerce patents is grouped in the now infamous Class 705 at the U.S. Patent and Trademark Office ('USPTO'). This specialized class that encompasses data processing involving financial, business practice, management, and cost/price determination has experienced a surge in popularity rivaled only by the likes of nanotechnology. From 2001 to 2005, more than 5000 U.S. patents were issued in Class 705. Growth in 705 patenting has been so pronounced that this 5-year period has produced about the same number of new patents as the previous 15-year period.
News Briefs
August 31, 2006
Highlights of the latest franchising news from around the country.
Court Watch
August 31, 2006
Highlights of the latest franchising cases from around the country.
For Bally Total Fitness, Timing Is Everything in Franchising Decision
August 31, 2006
Bally Total Fitness is one of the most recognized brands in the U.S. fitness industry and the largest purchaser of fitness equipment in the country. The company spends $55 million annually on marketing and media support, and it offers the power of more than 40 years of business success and 20,000 employees that make the company strong ' all key components to a successful and highly sought-after franchising program. So why hasn't Bally implemented a national franchising program?
Vietnam's New Franchise Law: Momentum for Country Experiencing Strong Consumer Demand Growth
August 31, 2006
Franchising is a relatively new but rapidly developing strategy in Vietnam. Although there are currently few business franchise systems based on the traditional Western model currently operating in Vietnam, there is an increasing presence of established international franchise systems currently operating through company-owned and-managed outlets and increasing numbers of local systems, albeit at an early 'product distribution' evolutionary stage. The commercial environment for franchising is increasingly favorable: Vietnam is the fastest-growing Asian economy after China and India, and it is experiencing strong GDP growth and annual retail growth of more than 20%. There is a steady rise in disposable income, an emerging new consumer class, and increasing brand consciousness.
