Features
Tech Companies, Songwriters Compete Over Copyright Reform
In-house counsel for eBay Inc., Google Inc. and the National Music Publishers' Association agreed last month that the U.S. copyright system needs improvement, but they offered different views about how to approach reform.
Features
11th Circuit Says Copyright Co-Owner Can File Own Suit
In upholding a statutory damages award against a tavern owner who failed to obtain a public performance license for music used in the venue, the U.S. Court of Appeals for the Eleventh Circuit formally embraced the principle that a co-owner of a copyright may sue for infringement.
Features
The EU 'Right to Be Forgotten' Judgment
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the "right to be forgotten" case, it sent ripples that impact online privacy in the United States.
Features
Sirius XM's Losses In Suits on Pre-'72 Sound Recordings
For the third time in as many months, Sirius XM lost a court ruling over the issue of pre-1972 sound recordings. In a decision that further upsets the status quo for the music and copyright worlds, a federal judge in New York ruled that the owners of pre-1972 sound recordings have performance rights to their records, and that Sirius XM therefore infringed copyrights.
Features
Equity Joint Ventures
When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
Features
Credit Card Information Security Issues in Franchising
Data breaches at Target, Home Depot, Neiman Marcus and P.F. Chang's are front-page reminders of the vulnerability of customer payment information in the retail sector. In <i>Wyndham Worldwide</i>, the FTC brought suit claiming that a franchisor's alleged failures to maintain reasonable security measures constituted unfair and deceptive practices under Section 5 of the FTC Act.
Features
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Columns & Departments
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
Features
The Settlement Privilege and the Threat of Legal Action
Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.
Features
New Fee Models for the New Economy
To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.
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