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Arbitrating Against Non-Signatories Image

Arbitrating Against Non-Signatories

John Dellaportas

Arbitration is a creature of contract, made between consenting parties. As such, it is generally thought that those who have not signed an arbitration agreement cannot be compelled to arbitrate. While that is often the case, like most legal rules, it has its exceptions. The U.S. Court of Appeals for the Second Circuit has recognized five of them.

Features

S. Ct. Resolves 'Raging' Debate Over the Use of the Laches Defense Image

S. Ct. Resolves 'Raging' Debate Over the Use of the Laches Defense

Andrew Pequignot

The Supreme Court in <i>Petrella v. Metro-Goldwyn-Mayer, Inc.</i>, recently resolved a split amongst the circuit courts in a 6-3 decision, holding that the equitable doctrine of laches could not be invoked to preclude a claim for damages within the statute of limitations for copyright cases.

Features

Third Circuit Rules For Viacom in Suit Over Compensation For Top Executives Image

Third Circuit Rules For Viacom in Suit Over Compensation For Top Executives

Jeff Mordock

Viacom gave more than $100 million in bonuses and incentive pay to three of the media company's top executives ' Chairman Sumner Redstone, President/CEO Philippe Dauman, and COO Thomas Dooley ' between 2008 and 2011. Typically, corporate taxpayers are able to deduct executive compensation over $1 million if approved by the board and a majority of shareholders.

Columns & Departments

News Brief Image

News Brief

ALM Staff & Law Journal Newsletters

Franchisee Claims Dunkin' Donuts Seeks Illegal Seizure of His Stores

Features

Hulu Privacy Class Action Can Move Forward Image

Hulu Privacy Class Action Can Move Forward

Julia Love

With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.

Features

Planning a Merger? Avoid Pitfalls through Proper Due Diligence Image

Planning a Merger? Avoid Pitfalls through Proper Due Diligence

Steven A. Davis & Marc Feigelson

After reaching an all-time high in 2013, the pace of U.S. law firm mergers and acquisitions is showing no signs of slowing down. With all of these deals in the news of late, you may be considering whether a merger or acquisition might be an appropriate growth strategy for your firm.

Features

Big Data and Regulation Image

Big Data and Regulation

John. H. Walsh

Big data has taken the world by storm. From its origins as a technical solution for Internet search engines and online retail sales, it has spread across business, science and now government. Big data tools have shown extraordinary power to quickly sort and analyze data, both structured and unstructured. Ultimately, the power of big data resides in its ability to identify signals or patterns in vast data sets.

Features

Proposed Class in Hulu Privacy Suit Needs Objective Data Image

Proposed Class in Hulu Privacy Suit Needs Objective Data

Julia Love

With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.

Features

Supreme Court Mandates More Patent Claim Clarity Image

Supreme Court Mandates More Patent Claim Clarity

Darren Donnelly

In <i>Nautilus, Inc. v. Biosig Instruments, Inc.</i>, a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) "require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty."

Features

The Problem with Europe's 'Right to Be Forgotten' Image

The Problem with Europe's 'Right to Be Forgotten'

Ben Feuer

In Europe, search engines are classified as "data collectors" rather than news or media outlets, and the European Union's Charter of Fundamental Rights guarantees every person the right to "protection of personal data.

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