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Features
After a bitterly contested four-day arbitration hearing in which attorney Bob represented the franchisor, the sole arbitrator awarded the claimant everything it had sought in this fight between franchisor and franchisee. It was a devastating loss for Bob and his client. However, there was good news as far as Bob was concerned. Why? The arbitrator did not explain the reasoning for her award.
Features
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Columns & Departments
Copyright Infringement Damages Not Dischargeable in Bankruptcy <br>Verbal Partnership May Have Existed to Develop MSNBC's <i>The Ed Show</i>
Features
Earlier this year, former <i> Mob Wives</i> TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the <i>Grand Theft Auto V</i> video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?
Features
Consumer advocates reacted with dismay to reports that the FCC plans to allow Internet service providers to charge companies a toll for faster access, while FCC Chairman Tom Wheeler defended the proposed rules as consistent with the underlying goals of net neutrality.
Features
There is both good practice and the potential of value hidden amongst the cold calls. If you choose to take the onslaught head on you can actually bolster your confidence in your existing solutions, perfect your own elevator pitches, and actually reduce the time you spend dealing with (or avoiding) these calls.
Features
While high-profile targeted cyberattacks received great attention in 2013, data breaches due to human error continue to be a regular occurrence. The good news, such as it is, is that today, more attention is focused on combatting cyber threats than ever before.
Features
The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.
Features
Forum-selection clauses are commonly used in agreements for e-commerce websites. These clauses represent a very important risk management provision. On Dec. 3, 2013, in a 9-0 decision written by Justice Alito, the U.S. Supreme Court rendered a very significant ruling relating to the proper procedures for enforcing forum-selection clauses. In this article, we will discuss these procedures.
Features
Consumer advocates reacted with dismay to reports that the FCC plans to allow Internet service providers to charge companies a toll for faster access, while FCC Chairman Tom Wheeler defended the proposed rules as consistent with the underlying goals of net neutrality.
