The Application of 365(n) to Cross-License Agreements
February 25, 2014
The Fourth Circuit's recent decision in <I>Jaffe v. Samsung Electronics Co., Ltd.</I> has drawn attention to the integral role section 365(n) of the Bankruptcy Code plays in protecting the rights of non-debtor counterparties to patent cross-license agreements.
Recognition, Not Relitigation
February 25, 2014
If there were a James Bond movie featuring only lawyers, this might be it: <I>SNP Boat Service, S.A. v. Hotel Le St. James.</I>
The Evolution of a Process
February 25, 2014
Here we are in 2014, the number of law firms outsourcing parts of their back-office is increasing and more and more firms are interested in the process as a way to control costs and increase the efficiencies in their back office operation. Why the change? To explain it fully requires one to look at the evolution of the process.
Webinar: Accelerate Your Career
February 07, 2014
What is the top skill for career professionals in climbing the corporate ladder? It is the ability to sell your ideas and funding requests.
<i>Soul Men</i> Ruling Shows Shift To Transformative Use Test
January 31, 2014
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Is the Internet a Safer Place for Content Owners?
January 31, 2014
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.
Tensions Between Authors' Contracts for Book Publishing and Film Production Rights
January 31, 2014
The agreements authors make with companies that publish their books ' and with the production companies that make films based on those books ' have changed significantly over the past several years. Due in part to the kind of films currently being produced and to available new technologies (particularly for books), these changes have introduced conflicting overlaps between the two types of contracts.
Global Corruption Enforcement
January 31, 2014
For multinational corporations, reducing the risks and concomitant expenses associated with corrupt employee behavior must be a priority. This article discusses the benefits of embedding compliance doctrine within operations, and how businesses could market integrity and compliance to gain a competitive advantage.
The Dimensions of 'Goodwill' in a Law Practice Sale
January 31, 2014
One of the thorniest issues in selling a law practice involves the issue of goodwill and how to value it. Goodwill is both an accounting term and a qualitative dimension. Understanding both helps the average lawyer better understand the sale of a law practice.