When Actions Speak Louder Than Words
<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.
Can Instagram Post of Photo Become Transformative?
An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.
FTC Tells Paid 'Influencers' to Disclose When Instagram Posts Are #Ads
The consumer agency has taken the view that advertisement — without proper disclosures — can mislead consumers. The agency has previously put the burden of ensuring proper disclosure on the brands. On April 19, the FTC turned its attention downstream to the "influencers" themselves.
Finding the Right Outside Counsel for Your Company
<b><I>Smart Strategies</I></b><p>In today's challenging, competitive business environment, finding qualified outside counsel with the right fee structures is a top priority for corporate counsel. This article presents some practical guidance to help corporate counsel achieve this goal.
<b><i>Law Firm CI:</i></b> More Data, Less Action?
<b><I>How to Close the 'Knowing-Doing Gap'</I></b><p>While many lawyers have well-honed analytical capabilities, these capabilities are most frequently used to interpret law — <I>e.g.</I>, how a particular fact fits into the context of a precedent, statute or contract term — rather than to drive a business forward. Here are five tips to help solve the problem.
Corporate FCPA Enforcement in the Era of Trump
<b><I>Same Old, Same Old</I></b><p><b><I>Part One of a Two-Part Article</I></b><p>Based on President Trump's remarks as a candidate, one might anticipate a marked drop-off in FCPA enforcement. Other evidence, however, convincingly suggests the trend of increased international cooperation and direction of enforcement resources in the FCPA arena is likely to continue.
Top Issues for an Acosta Labor Department: Overtime, Gig Workers and the Fiduciary Rule
Secretary of Labor Alexander Acosta, who was confirmed by the Senate late last month, is a veteran government official who is set to hit the ground the running. What direction can labor and employment attorneys expect him to take the agency charged with enforcing many of the nation's workplace laws, and what are issues to watch in the early days?
Drug & Device News
Discussion of a case in which 64 people died and nearly 700 more were sickened in 2012 after receiving injections of steroids prepared at the New England Compounding Center in Framingham, MA.
BIT PARTS
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios
