Credit Applications
July 30, 2008
Although credit applications assist lessors in making these credit decisions, the lessor should make sure that it avoids the pitfalls of the Equal Credit Opportunity Act ('ECOA') and that the financial information it obtains through the credit application is stored appropriately to avoid liability under various state laws regulating the storage of private financial information. This article discusses the components of a good credit application, the requirements of the ECOA, and the best practices for storing private financial information.
Q&A with Sean Kelly, Franchise Blogger
July 30, 2008
Franchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors ' whether fairly or unfairly. A 20-year veteran of the franchising industry who participated in the startup of more than 100 franchises concepts, Kelly started a series of franchise-related blogs in November 2006 that have quickly become must-reads for franchisors, franchisees, franchise counsel, and consumers.
Protecting Intellectual Property in a 'Flat' World
July 30, 2008
Just as airplanes made the world feel smaller geographically, globalization and the Internet have made it feel smaller economically. The Internet has so fundamentally changed the way people do business that it is difficult to remember the days, not too long ago, when similar trademarks could co-exist on similar products and services (if not always happily) in different regions of the country.
Virtual Worlds Attract Lawyers
July 30, 2008
'Virtual Law,' as specialists call it, is not your father's law. And according to some aspiring lawyers, it is the next big thing. Of the 50 or so tech-savvy lawyers around the country conversant in the language of orcs, avatars and toons.
Legislation to Fight Global IP Piracy
July 30, 2008
To paraphrase a line from a favorite song, you don't always get what you want, but sometimes, you get what you need. The Recording Industry Association of America (RIAA) almost certainly did not get all that it wanted when the House of Representatives passed the Prioritizing Resources and Organization for Intellectual Property Act (Pro IP Act), H.R. 4279, in May. What remains to be seen is whether the RIAA and other proponents of the legislation will get what they claim to need ' or anything at all.
<i><b>Commentary:</b></i> Should the Music Stop for iTunes?
July 30, 2008
Debates over intellectual property rights often heat up around confrontations between those wanting more protection and those wanting less. But perhaps more attention should be paid to the detailed structure of legal rules governing these assets as they are actually used in real-world transactions.
<i>Tiffany v. eBay</i>
July 30, 2008
The recent decision in <i>Tiffany v. eBay</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without even selling a product and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Third Circuit Strikes Down COPA ' Again
July 30, 2008
The Child Online Protection Act ('COPA') suffers from a slew of fatal flaws that render the law unconstitutional under the First Amendment, the Third U.S. Circuit Court of Appeals has ruled. The decision, handed down on July 22, comes after nearly a decade of litigation '' including two trips to the U.S. Supreme Court '' and marks the sixth time that a court has blocked the law from going into effect.
Internet Auctions
July 30, 2008
Business is always a battlefield, but few e-commerce proponents have fought campaigns as fierce as those to keep Internet auctioning license-free. So intense have been skirmishes between online sellers and state legislators that only one state has a law specifically requiring online auctioneer licensing.
