Exit Strategies: Think Like a Start-up
June 01, 2016
Whether businesses sell hard goods, license technology or dispense advice ( e.g. , law firms), the common thread is that they are all businesses founded by one or more individuals, all of whom will someday exit the business. Law firms are businesses, and all too often partners and founders lose sight of that basic premise.
'Consent to Assignment' Clauses Held Unenforceable
June 01, 2016
After a loss, an insurance policy's consent-to-assignment clause is unenforceable. In fact, California, which had until recently been in the minority on this issue, now has corrected course.
App-portionment In the Supreme Court In <i>Apple v. Samsung</i>
June 01, 2016
The Supreme Court granted Samsung's request, in <i>Apple, Inc. v. Samsung,</i> for certiorari to consider whether Section 289 of the Patent Act requires an apportionment of profits for only the infringing feature(s) of the accused product, or instead contemplates profits for the entire product.
Joint Employment and the Contingent Worker
June 01, 2016
Contingent employment arrangements result in third parties, such as the temporary staffing agency, employing the workers ' not the company on whose behalf the work is being performed. These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. This avoidance, however, often comes with significant risks.
Media & Communications: Wikipedia
June 01, 2016
The usefulness and ubiquity of Wikipedia makes it nearly everyone's first port of call for online research. Because of Wikipedia's importance, it presents both a huge opportunity and a great danger to companies and people written about in its virtual pages.
Development
June 01, 2016
Expert analysis of two key cases.
Preparing for New Crowdfunding Regulations
June 01, 2016
On May 16, Regulation Crowdfunding came into effect. Regulation Crowdfunding is applicable to crowdfunding offerings conducted in reliance on Section 4(a)(6) of the Securities Act of 1933, as amended.This article summarizes the practical terms of the crowdfunding rules.
Municipal Silence Leads to Successful Fair Housing Act Claim
June 01, 2016
What inferences can be drawn from the silence of municipal officials who vote to reject a request to rezone property to provide housing for the disabled? In <I>Step By Step, Inc. v. City of Ogdensburg </I>, a federal district court inferred discriminatory intent, and ordered the City Council to approve the rezoning request.
Case Notes
June 01, 2016
Analysis and discussion of three pivotal rulings.