Columns & Departments
In the Marketplace
Who's going where; who's doing what.
Features
The Irresistible Force Paradox in Play in the Middle Market
This first article in a series examines both the anti-assignment provision and the financial statement provision, both of which can be found in most equipment leases.
Features
<i><b>Online Extra</i></b>Jury Sides Against EA in Suit over Madden Football
A San Francisco federal jury found that early versions of Electronic Arts' Madden NFL Football were derivative works of a game created by Robin Antonick. The verdict ' the second favoring Antonick in a three-phase trial ' will be worth between $3.5 million and $11.6 million in unpaid royalties, pending a decision on prejudgment interest, according to one of Antonick's attorneys.
Columns & Departments
Cameo Clips
Copyright Infringement/Contempt Motion Denied<br>Venue Competition/Expert Witnesses
Features
Lease Accounting Project
The FASB and IASB issued the second Exposure Draft ("ED") of the proposed new leasing rules on May 16, 2013 with a deadline for comments of Sept. 13, 2013. The ED is an improvement over the 2010 ED in that it is closer to current GAAP in areas such as the definition of the lease term and lease payments.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Features
From the IFA's Legal Symposium
In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations. These twin developments have been, for the most part, highly positive for the franchising industry. However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD.
Features
What's New In the Law
Finance Companies' Rights to Collect <br>True Lease vs. Security Interest: In General<br>Lessors' Damages: Measures and Entitlement<br>Vendor Issues<br>End-of-Term Lease Provisions<br>Forum Selection, Jurisdiction and Choice of Law<br>Assignments of Leases
Features
Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments
Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.
Columns & Departments
News Briefs
Delaware Affirms Franchisors Are Not Franchisees' Employers <br>CA Moves One Step Closer To Confidentiality for Negotiated Contract Terms<br>New Hampshire Passes Changes to Vehicle Dealership Laws<br>Exam for CA Board Certified Franchise and Distribution Law Specialist Set for Oct. 22<br>Dearborn, MI, McDonald's Drops Halal Chicken After Settling Lawsuit
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.Read More ›