Real Property Law
December 31, 2013
Not All Hedges Are <i>De Minimis</i> for Adverse Possession Purposes <br>Adverse Possession of Mapped Streets<br>No Punitive Damages Against Title Insurer
The Pitfalls of Arbitration Administrator Rules
December 31, 2013
Picking the applicable rules, without more, does not identify the administrator that will oversee the arbitration process. An "expertly drafted" clause must identify the rules and the organization or person who will administer the rules.
Prior Agreement Bars Termination of Song Rights
December 31, 2013
The U.S. District Court for the Southern District of New York decided that music publisher EMI can keep the rights to the 1934 hit song "Santa Claus Is Coming to Town" for another 25 years.
Privacy a Sticking Point for Deals
December 31, 2013
Privacy compliance is increasingly a sticking point between targets and acquirers. Lawyers say they're seeing closes delayed, offering prices reduced, and some transactions scuttled altogether as regulatory scrutiny intensifies and buyers become skittish about privacy risks.
Strategy Against Scrapers
December 31, 2013
In today's leading case relating to the Computer Fraud and Abuse Act <i>United States v. Nosal,</i> the Ninth Circuit expressed great concern over imposing criminal liability under the CFAA for violations of private computer use policies like website terms of use. The Ninth Circuit believes the CFAA should be narrowly interpreted. Using this narrow interpretation regarding access restrictions, a district court in California found a CFAA violation in <i>Craigslist Inc. v. 3Taps Inc. </i>
Seveth Circuit Upholds Cracker Barrel Injunction
December 31, 2013
When Cracker Barrel decided to introduce its non-cheese products into grocery stores (starting with packaged spiral ham) under a logo with "Cracker Barrel" appearing more prominently than "Old Country Store," Kraft sued for trademark infringement and sought a preliminary injunction.
Duane Morris Brings Early Case Assessment In-House
December 31, 2013
With a view to addressing a market imbalance ' litigation clients demanding better early case assessment, and commercial providers not developing tools to meet that need ' Duane Morris litigators handed the firm's technology team a mandate: Help us develop a system to assist our clients in the resolution of the ubiquitous try-or-settle conundrum and, in the process, position the firm to capture more litigation business.
Mobile Marketing
December 31, 2013
In the era of the iPhone, iPad, and Android phones, mobile device use is exploding. In fact, Gartner predicts that mobile phones will surpass PCs this year as the most common way to access the Internet. For legal marketers, that means new challenges in providing content that is easily accessible through these devices and at a level of quality consistent with our website efforts.
Where, When and How Is <i>Ex Parte</i> Communication With a Physician OK?
December 31, 2013
In medical malpractice cases, treating physicians, nurses and other providers are key witnesses. They have specialized knowledge of the plaintiff and her medical conditions, and, unlike expert witnesses, they have had the opportunity to personally examine and evaluate the plaintiff. Because <i>ex parte</i> meetings and discussions with treating physicians can be so informative, they are often seen as invaluable tools for any party permitted to meet with treating physicians.
With Virtual Currency, Does Virtually Anything Go?
December 31, 2013
In late 2013, a Subway sandwich franchise in Pennsylvania was making the news for being one of the first small American businesses to accept bitcoin as payment for purchases. According to press reports, that franchise generated a lot of interest among hungry bitcoin enthusiasts, who went out of their way to visit the store. Should this be dismissed as a mere publicity stunt, or is the use of bitcoin something that deserves some thought?
