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Seventh Circuit Finds 'Floating' Forum Selection Clauses Valid
September 01, 2006
The sale of individual equipment leases from one equipment lessor to another, or entire portfolios of equipment leases, is common practice in the United States. One component that parties interested in purchasing equipment leases or portfolios of equipment leases desire in the equipment lease contract is a choice of forum clause that provides the flexibility for the purchasing party to initiate litigation in its own home state. However, the enforceability of forum selection clauses providing for one or more appropriate forums has been the question of some debate both in the federal and state courts. Recently, the Seventh Circuit Court of Appeals issued an opinion coming down squarely in favor of the enforceability of such forum selection clauses.
Counsel Concerns
September 01, 2006
Malpractice Claims and Estoppel.
Bit Parts
September 01, 2006
<i>By Stan Soocher</i>Estate Planning/Undue Influence ClaimTV-Series Sequels/<i>Forum NonConveniens</i>Upcoming Events
IP News
September 01, 2006
Highlights of the latest intellectual property news from around the country.
Courthouse Steps
September 01, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Can a Workforce IP Training Program Limit Liability Under the Uniform Trade Secrets Act?
September 01, 2006
When a lower-level employee uses a former employer's trade secrets after taking a new job, the plaintiff often sues the new employer itself and demands exemplary damages under the Uniform Trade Secrets Act ('UTSA') &mdash; even if the new employer was unaware of, and disapproves of, the employee's conduct. Taking a page from the law of employment discrimination, we believe that companies that provide intellectual property training for their workforce can use the fact of such training during litigation to avoid exemplary damages for the solitary wrongdoing of non-executive-level employees and perhaps avoid vicarious liability altogether. Companies, especially technology startups, can reduce trade secret litigation and liability risks by implementing such programs &mdash; programs which today are very rare, even in Silicon Valley.
Internet-Downloading Copyright Rulings
September 01, 2006
Default JudgmentPreponderance of EvidenceStatutory DamagesSufficiency of Pleading
Hedge Funds Target Film Productions
September 01, 2006
Hedge funds have gone Hollywood. Chasing high returns, money managers are plunking down hundreds of millions of dollars to finance films such as 'Superman Returns' and 'Nanny McPhee.' At the same time, the influx of money from hedge funds and private-equity firms is reshaping film-financing deals, leading entertainment lawyers toward lucrative transactions and new clients who might want a little glamour-by-association.
Cameo Clips
September 01, 2006
Copyright Infringement/Chain of Song OwnershipVideo-Game Laws/Constitutionality
No Breach Seen in Suing Licensee over Downloads
September 01, 2006
The U.S. District Court for the Southern District of New York decided that Bridgeport Music didn't breach a mechanical-licensing agreement by filing a copyright-infringement suit against its licensee for granting digital-download licenses to third parties.

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