Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


Internet 'Data Scraping'
August 02, 2013
The proliferation of Internet access and mobile devices has led to an exponential explosion of content on the Web, creating a vast repository of "publicly available" information. This has made it far easier for third parties to extract this data for commercial sale and use ' and to do so for free and without authorization. This data extraction, commonly referred to as "scraping," "crawling," or "spidering" (collectively "scraping"), creates legal issues and concerns for both sides of this issue.
Marketplace Fairness Act May Help Clear Muddy Tax Waters
August 02, 2013
With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
How Royalties Are Determined for New Material Written for Public Domain Music Compositions
August 02, 2013
Not as much public domain material is recorded in comparison with original material, but if such a song becomes a hit or is on a successful album, the public performance royalties can be substantial provided the writer/arranger (who is many times the recording artist or record producer) holds the copyright in his or her version and registered it with the performance right society (PRO) with which the writer is affiliated.
Counsel Concerns
August 02, 2013
Advice-of-Counsel Affirmative Counterclaim Defense to Remain in Case Brought over Use of "Twilight" Marks<br>Former Litigation Attorney's Handling of Case Doesn't Relieve Film Company of Liability for Judgment<br>Motion to Disqualify Counsel Is Denied in Suit Involving Process for Selling Concert Recordings
Where Should A Franchisor Set Up Its Headquarters?
August 02, 2013
What is the best location in the United States for a franchisor to set up its headquarters? That is the question I recently posed to the ABA Forum on Franchising Listserv. The query elicited a flurry of fascinating responses, many of them quite detailed and well-considered.
Willfulness and Liability, Separate But Equal?
August 02, 2013
This article summarizes <i>Bosch</i> and highlights the practical implications of the Federal Circuit's decision.
The Evolution of e-Discovery
August 02, 2013
e-Discovery is a much more robust field than when it started, and that expansion can be seen in the growth in the number of different tools, ways they can be combined and options that can be used throughout each stage. It's a burgeoning field, but the pool of talent has not always kept up with expansion, and it remains a difficult industry to enter without experience.
Marketplace Fairness Act May Help Clear Muddy Tax Waters
August 02, 2013
With my mom probably one of only a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. The first question this raises is whether the "qualifying order" language refers to the shipping, the sales tax or both.
Managing the Challenge of Big Data e-Discovery Using the Cloud
August 02, 2013
The power of big data was dramatically illustrated in the wake of the Boston Marathon bombing. Within 24 hours, investigators had compiled more than 10 terabytes of data related to the incident. By meticulously combing through it all, they were able to identify suspects in relatively short order.
The Future of the Legal Profession
August 02, 2013
The future has already happened. During the past five years, the legal industry has been going through a dramatic transformation that is driven by a number of changes. This restructuring in the way legal services are delivered affects all law firms. As a result, developments that law firms did not expect are impacting the industry.

MOST POPULAR STORIES

  • Internet Goods and Product Liability
    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
    Read More ›
  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
    Read More ›