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Georgia Fed. Ct. Dismisses Suit Over <i>Honey</i> Films Image

Georgia Fed. Ct. Dismisses Suit Over <i>Honey</i> Films

Stan Soocher

The U.S. District Court for the Northern District of Georgia, Atlanta Division, dismissed a lawsuit brought by hip-hop dancer Ereina "Honey Rockwell" Valencia over Universal's <i>Honey</i> and <i>Honey 2</i> movies, released respectively in 2003 and 2011.

Features

Discovery Sanctions In Litigation over Soap Opera Image

Discovery Sanctions In Litigation over Soap Opera

John Pacenti

A copyright infringement lawsuit centered on the Telemundo network's popular Spanish-language telenovela <i>El Rostro de Analia</i> has some melodrama of its own.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Wyatt Delfino

Federal Circuit Finds Internet Method Unpatentable Under <i>Alice</i><br>Federal Circuit: No Collateral Estoppel For Similar, But Unrelated, Patent

Features

Sirius XM Lawyers' Blunder in Pre-1972 Recordings Case Image

Sirius XM Lawyers' Blunder in Pre-1972 Recordings Case

Lisa Shuchman

Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny &amp; Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.

Features

Are Franchisors 'Employers'? Image

Are Franchisors 'Employers'?

Glenn Plattner & Kristy A. Murphy

The franchise agreement almost always contains a clause specifying that the franchisee is an independent contractor and that the franchisor and franchisee are not intending to create an employment relationship. But a number of recent decisions from around the country have raised the question: Is a franchisee really an employee of the franchisor, despite the written disclaimer in the franchise agreement?

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Franchise Owner-Operator Bound to Franchise Agreement As a Non-Signatory <br>No Damages Awarded to Franchisee Despite Technical Violations of Registration and Disclosure Requirements By the Franchisor

Features

Your Website's Terms Of Service Are Unenforceable Image

Your Website's Terms Of Service Are Unenforceable

Joshua Kaufman

The vast majority of terms of service (TOS) on websites are unenforceable. Companies spend a great deal of time and money in crafting what they believe to be appropriate TOS, which they hope will provide them with the various protections, safe harbors and advantages needed in dealing with the public or in transacting business. Unfortunately, in most cases those bits will not have any legal bite.

Features

NY Court of Appeals Rejects Claim of Internet Jurisdiction Image

NY Court of Appeals Rejects Claim of Internet Jurisdiction

Shari Claire Lewis

Long-arm jurisdiction over non-domiciliaries is an issue that continues to bedevil practitioners and litigants in the Internet age.

Features

Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing? Image

Will the Supreme Court Remove <i>Brulotte</i>'s Shadow Over Patent Licensing?

Sean Gates & Jeny Maier

Fifty years ago, the U.S. Supreme Court held that the collection of royalties after a patent's expiration constitutes <i>per se</i> patent misuse. Although criticized by scholars, antitrust agencies and the lower courts, <i>Brulotte</i> has not only endured, it has impacted licensing practices in a number of contexts. All that may change, however.

Features

Law Firm Leaders Struggle With Setting Firmwide Rates Image

Law Firm Leaders Struggle With Setting Firmwide Rates

Gina Passarella

The collective weight of the new year is upon law firm managing partners, with the season being that of collections, partner compensation and rate-setting. And the latter has proven a bit vexing for firm leaders as they grapple with setting rates in an era where firms span multiple markets and practice concentrations, clients aren't willing to pay the published rates and alternative fee deals are a growing part of firm revenue.

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