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.
<b>Online Exclusive:</b> Routine Upgrade Causes Serious Breach for Education Department
August 31, 2006
A routine computer upgrade gone awry caused Social Security numbers and other identifying information for about 6.4 million people to temporarily be accessible online, according to the U.S. Department of Education. The breach was in effect for about 2 days, from the night of Aug. 20 to the morning of Aug 22, when a caller alerted the Education Department to the problem, said a spokesperson.
