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Mobile App Developer Agreements
November 30, 2015
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Trans-Jurisdictional Transactions
November 30, 2015
When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
Internal-Use Software
November 30, 2015
The tax credit for research and development (R&D) of internal-use software under Section 41 of the Internal Revenue Code has been renewed 16 times since its implementation in 1981. The Currently, it has not been extended beyond calendar year 2015.
Social Media Discovery
November 30, 2015
Because 'information that an individual shares through social networking websites like Facebook may be copied and disseminated by another,' the expectation that such information is private, in the traditional sense of the word, is not a reasonable one.
Players' War Against Online Games They Use
November 30, 2015
The world of free online video games is a big business, including for some law firms. The games derive much of their revenue from a tiny sliver of users who pay real-world money for virtual currency to hasten their advancement or refill their pretend coffers. Plaintiffs in the string of suits claim that the games run afoul of various states' laws by running thinly veiled gambling enterprises.
Student Athletes And Compensation For Likeness
November 30, 2015
In the last few years, every college football fan became familiar with "Johnny Football," "The Honey Badger," and "Famous Jameis." These recognizable names are not only associated with Heisman-quality talent, but also with the new world of student athlete trademark registrations.
Second Circuit Rules That Lien Is Extinguished Under Chapter 11 Only if Secured Creditor Participates in Case
November 30, 2015
A hornbook principle of U.S. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. This longstanding tenet, however, is at odds with section 1141(c) of the Bankruptcy Code, which provides that, under certain circumstances, "the property dealt with by [a Chapter 11] plan is free and clear of all claims and interests of creditors," except as otherwise provided in the plan or the order confirming the plan.
Real Property Law
November 30, 2015
Discussion and analysis of four key rulings.
<b><i>In the Spotlight:</i></b> Does a Tenant's Right of Possession Trump a Sale Under Section 363?
November 30, 2015
The interplay between '' 363(f) and 365(h) of the Bankruptcy Code continues to plague various courts. This article explores several recent decisions evaluating whether a tenant's rights under ' 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
Prioritizing e-Mail Security in the Legal Sector
November 30, 2015
Data breaches and cyberattacks aren't new occurrences, but it can sometimes feel like they are. It's only in the last few years that we've seen these attacks make headlines more and more, increasing in both quantity and impact.

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  • Disconnect Between In-House and Outside Counsel
    'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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  • Divorce Lawyers' Obligation to Children
    Do divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.
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    Womble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.
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