Take Care in Using Consumer Data to Drive Dynamic Pricing of e-Commerce
June 02, 2015
Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer's perception of the willingness of a particular consumer to pay at a given price point. This can be the basis for personalized pricing, the "holy grail" of which is to develop a methodology for "perfect price discrimination" that maximizes the amount each individual consumer is willing to pay.
ABI Bankruptcy Reform
June 02, 2015
Tension has focused on whether to allow a secured creditor to improve its position with new property acquired after the bankruptcy case. The result was the broad mandate of Section 552 of the Bankruptcy Code: A prepetition lender with a lien on an asset enjoys a post-petition lien on the proceeds of that asset.
Court Watch
June 02, 2015
Recent cases advance debate on Franchisor-Franchisee relationships.
Awaiting Supreme Court's Ruling on Hybrid Licenses
June 02, 2015
The owner of entertainment intellectual property often faces concerns about maximizing licensing revenues while addressing the restrictions of federal and state laws that create those rights. Because a given IP right may involve federal law and state law ' through associated trade secrets or confidential information ' licensing of that IP mix often presents a challenge to maximizing an entertainment IP owner's potential revenue generation.
Maximizing Patent Monetization Value
June 02, 2015
The authors have analyzed the issues faced in patent licensing and litigation discussions, and have traced backward through the process to suggest strategies that prosecution counsel might apply early in the process to influence their clients' ultimate ability to monetize patents through litigation or other means.
Cloud Computing Agreements
June 02, 2015
Cloud-based services have exploded in popularity over the last decade due to their ability to provide the convenience of on-demand resources along with generating efficiencies. However, given the importance of IT to most modern entities' operations, companies must balance the benefits of such outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties.
Contract Management and the Bottom Line
June 02, 2015
With many companies wearing the hats of the supplier, partner and customer simultaneously, the dynamics of vendor contracts, customer agreements, licenses, trademarks, leases, warranties and other contracts become ever more convoluted.
How Do You Know When Your Loss Ensues?
June 02, 2015
This two-part article provides an overall review of ensuing loss provisions and their application by courts across the United States. In Part One, we discussed, among other things, Specific Exclusions. This month, we continue the discussion about Faulty Workmanship Exclusions.
A Primer on What 'Big Data' Is All About
June 02, 2015
In May 2015, the streaming music service Pandora acquired the music industry data collection company Next Big Sound, which extensively tracks sales, social and streaming data. In the Internet era, the entertainment and other industries are awash with data, all of it with varying degrees of copyright protection. The Pandora/Next Big Sound deal presents a good moment for a primer on this copyright protection.
What ERP Can Teach About ELM Adoption
June 02, 2015
Following in the footsteps of Enterprise Resource Planning (ERP), Enterprise Legal Management (ELM) holds out the potential to link risk and legal data to enable the global enterprise to proactively mitigate legal risk, streamline the legal process, and make insightful decisions in response to market or regulatory changes.
