Implementing Change in a Franchise System
May 14, 2011
franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.
Lime Wire Settles for $105 Million
May 13, 2011
Lime Wire, the defunct file sharing service, has agreed to a $105 million settlement with recording companies over infringement of music copyrights.
Practice Tip: Top 10 Tips for Defending Mass Torts in NJ
May 11, 2011
With plaintiffs filing numerous cases in the Garden State, it is easy to fall into the mindset that New Jersey is for plaintiffs. Do not get caught in that trap and become complacent, filing rote motions and litigating on autopilot.
WHOM THE GODS WOULD DRIVE MAD
May 04, 2011
They First Put In Charge Of Mailing Lists If the computer hadn't been invented, professional services marketers would have had to invent it. We depend so much, after all, on knowledge and data, and manipulating it, and accessing it, that we couldn't get past 10 A.M. without the computer to help do it all for us. '
<i>En Banc</i> Rehearing Demanded on Facebook-ConnectU Settlement
April 28, 2011
When the Ninth Circuit denied Cameron and Tyler Winklevoss and Divya Narendra's request to have their settlement with Facebook overturned last month, it made headlines, most likely due to the depiction of the legal battle in the Academy Award-nominated film, <i>The Social Network</i>. But despite being told by the court to be happy with the "quite favorable" settlement amount, the attorney leading the fight isn't ready to give up.
'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.
Ruling Clarifies <i>Situs</i> of Injury for Online Infringement Claims
April 28, 2011
Declaring that the Internet "plays an important role in the jurisdictional analysis in the specific context of this case," the New York Court of Appeals has ruled that in copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR 302(a)(3)(ii) is the location of the principal place of business of the copyright holder.
The Dangers of Dynamic Keyword Insertion
April 28, 2011
One aspect of PPC advertising in which keywords play a part ' and where such keyword use might be considered trademark infringement ' is the use of keywords within the text of an ad itself. Unfortunately, trademarked keywords sometimes appear in PPC ads automatically, without anyone intentionally selecting them. How is that possible? Through the use of a technique known as dynamic keyword insertion, combined with inexact keyword matching.
Mixed Summary Judgment Ruling in Ringtones Litigation
April 28, 2011
Record labels have taken a lot of heat for being slow learners when it comes to profiting from Internet-era trends like downloads of mobile ringtones, but the labels haven't been shy in one area: copyright litigation against online purveyors of their artists' music. Musicians, meanwhile, have targeted the labels for allegedly stiffing them on royalties when customers pay for their music online.
Winning the Battle Between Social Media and Electronic Discovery
April 28, 2011
As a starting point, it's important to recognize that social media is a delivery mechanism, but the content drives the entire downstream discovery and compliance-oriented tasks. On balance though, while the e-discovery and regulatory issues are fundamentally the same, the social media genre does genuinely pose a range of tactical and strategic discovery challenges.
