How Copyright Was Secured for Mark Twain Autobiography
November 29, 2010
Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.
Arbitration Clause Doesn't Cover Dispute Over Movie Payments
November 29, 2010
The U.S. District Court for the Southern District of New York decided that a suit, alleging a distributor of made-for-TV-movies failed to pay amounts owed the films' producer, wasn't subject to an arbitration clause in the parties' distribution agreement.
Medicaid Divorce: An Overview
November 29, 2010
This article covers some of the issues that should be considered if clients wish to examine the possibility of a Medicaid divorce.
The Forum Non Conveniens Decision
November 29, 2010
The conclusion of this article herein explains how defendants who have elected to stay in U.S. courts have used the strengths of the U.S. judicial system to expose the factual gaps, and in some cases outright fraud, that formed the basis of many of the foreign claims that have been imported to U.S. shores.
Practice Tip: Deposition of Plaintiff's Expert
November 29, 2010
Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.
Ex-Parte Interviews of Former Employees
November 29, 2010
The issue of ex-parte interviews of a corporation's former employees can raise tensions on many different levels. This area of law has been dubbed "a veritable minefield" that must be approached with great trepidation.
Child Pornography On Workplace Computers
November 29, 2010
Possessing child pornography is such a potentially serious crime that institutions take pains to keep it off their premises. e-Commerce firms, whether they have significant physical premises or not, are no different.
New York Internet Tax Law Does Not Violate Commerce Clause
November 29, 2010
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.
Waiting for Courts To Help in Internet-Based Franchise Encroachment?
November 29, 2010
Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.
Selling Your e-Commerce Company in 2011
November 29, 2010
Entrepreneurs once able to cash out on their own terms, to eager buyers unwilling to risk negotiating lest a competitor get the deal, now must accept markedly less favorable terms.
