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Commercial Law

  • Almost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton & Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.

    November 30, 2013J. Mark Santiago
  • Franchisor's Operation of Online Store does not Violate Exclusivity
    Federal Court Declines To Enjoin Franchisee from Violating Non-Compete

    November 30, 2013Cynthia M. Klaus and Susan E. Tegt
  • A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.

    November 30, 2013Jan Wolfe
  • Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?

    November 30, 2013Stan Soocher
  • On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing en banc in Commil USA, LLC v. Cisco Sys., Inc., (Commil II). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."

    November 30, 2013Brian Mudge and Ksenia Takhistova
  • After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.

    November 30, 2013Jan Wolfe
  • On Oct. 23, the SEC finally proposed rules to implement the crowdfunding provisions of the Jumpstart Our Business Startups Act of 2012.

    November 30, 2013Katayun I. Jaffari and Jill M. Stadelman
  • Annual Entertainment Law in Review
    Copyright Year in Review

    November 27, 2013ALM Staff | Law Journal Newsletters |
  • Movement among franchise professionals.

    November 27, 2013ALM Staff | Law Journal Newsletters |
  • A roundup of pertinent rulings from all over the country.

    November 25, 2013Robert W. Ihne