Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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District Court Cautiously Affirms Five-Year Old Purdue Preliminary Injunction
January 01, 2025
This decision explains the judicial rationale for bankruptcy court preliminary injunctions.
Law Firm Leaders Reflect on 2024 and Look Ahead to 2025
January 01, 2025
By all measures, Big Law saw more events and trends in 2024 than the legal industry may have seen in years. But was all that change in 2024 welcome, and what are law firm expectations for 2025?
Internet Archive Won’t Pursue Supreme Court Relief Over Loss of Copyright Case to Book Publishers
January 01, 2025
The Internet Archive has stopped defending its free digital library against a publisher-launched copyright lawsuit and announced that it won’t ask the U.S. Supreme Court to review whether the depository is a fair use of the plaintiff publishers’ copyrights.
What You Need to Know About PA’s Act 52
January 01, 2025
The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.
Exploring Gen AI’s Impact on Intellectual Property
January 01, 2025
For some, GenAI is the latest and greatest innovation, while for others, it is an existential threat. In this emerging technological landscape, there are many implications and unanswered questions regarding the protection of intellectual property rights. This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.
Investigating Potential Misconduct Can Reduce Compliance Risks With DOJ Uncertainty
January 01, 2025
Although it remains to be seen to what extent the DOJ’s robust and aggressive approach to corporate enforcement will change in the forthcoming administration, companies should continue to take compliance seriously and make the necessary investments to prevent, detect and remediate misconduct.
Construing Separate Contractual Instruments As One
January 01, 2025
At times, disputes arise among parties in commercial transactions as to whether multiple contracts involving a common matter should be read as a single, integrated contract, or as separate and distinct agreements. This issue often surfaces where one or more such agreements contain arbitration clauses, but other related contracts do not.
Ninth Circuit: Fully Secured, Nonrecourse Creditors Qualify As ‘Countable’ Creditors
January 01, 2025
Addressing a matter of first impression, the bankruptcy appellate panel for the U.S. Court of Appeals for the Ninth Circuit recently held that fully secured, nonrecourse creditors qualify as “countable” creditors for purposes of determining the viability of an involuntary bankruptcy petition under Section 303(b) of the U.S. Bankruptcy Code.
TikTok’s ‘Blackout Challenge’ and Section 230 Immunity
January 01, 2025
In Anderson v. TikTok, Inc., the Third Circuit held that the liability of an Internet Service Provider such as TikTok depended on whether TikTok was sharing content via the platform’s algorithm or engaged in something more. The question of whether TikTok’s recommendation algorithm transformed content into TikTok’s own expressive activity was not immunized by Section 230 and has disrupted the protection previously enjoyed by Internet platforms like TikTok.
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- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›