Commercial Law

Features

Much has been written about the so-called "monkey selfie" and the dispute about whether nature photographer David Slater owns a photo snapped by a macaque monkey. As entertaining as that story is, there are more practical and far-reaching consequences that arise out the Copyright Office's overhaul of its standards and practices. This is especially true for the type of digital and Internet-based businesses and technologies that operate on the entertainment industry landscape.

Features

The Equal Employment Opportunity Commission, which has made discrimination against pregnant workers a focal point of its enforcement priorities over the past few years, ratcheted up its pressure on employers by publishing a new "Enforcement Guidance on Pregnancy Discrimination and Related Issues."

Features

With a diversified consumer base, a stable economy, and a well-established legal system, Canada is a receptive jurisdiction for expanding U.S. franchise systems, as long as the U.S. franchisor plays by Canada's rules.

Features

On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.

Features

The New York Court of Appeals, the highest court in the state, decided that a copyright renewal that Duke Ellington signed in 1961 didn't unfairly deprive his heirs of a portion of foreign royalties on the music giant's works, such as "Mood Indigo" and "Sophisticated Lady."

Columns & Departments

The federal Fair Labor Standards Act allows employees to sue their employers for various employment-related causes of action. Courts in two recent cases have ruled that actions brought, pursuant to the FLSA, by franchisees and franchisee employees, sufficiently alleged that franchisors were "employers" to withstand motions to dismiss under Federal Rule of Civil Procedure 12(b)(6).

Features

Ever wonder what happens to your social media accounts, e-mail, online texts and other digital content when you die? Do they simply expire, leaving nothing behind but digital dust? Or can you authorize someone to take them over after you pass on? And if so, what powers would such a person possess?

Columns & Departments

Federal Circuit Defines "By Means Of" <br>Doctrine of Claim Differentiation Insufficient to Overcome Plain Meaning of Claim Term<br>Patentee's Failure to Connect the Dots Insufficient, But Not Sanction-Worthy