Mobile App Developer Agreements
November 02, 2015
Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful 'remedies to problems that arise.
Judicial Trend in Supporting Domain Name Registries' Takedown Policies in Cybersquatting Disputes
November 02, 2015
GoDaddy.com has now prevailed as defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, the plaintiffs sought to hold GoDaddy liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. Although the factual circumstances underlying the claims are different, the principal reason for the plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
Fifth Amendment Does Not Extend To 'Digital Person'
November 02, 2015
An acrimonious marital breakup has been known to bring out the worst in some people. Those battles increasingly are fought on the technology field, thereby leaving courts to determine complex personal rights issues in the context of grown-ups 'behaving badly.
Google Books' Fair Use Win
November 02, 2015
Rejecting a decade-long attack on Google's mass reproduction of millions of books as well as its presentation of "snippets" ' sections of works set alongside information on how readers can buy the books ' the Second Circuit decided that Google Books has a "highly convincing transformative purpose" and thus is a protected fair use for which the company cannot be held liable under the Copyright Act.
Changes in CA Law Drastically Affecting Business Owners
November 02, 2015
California is cracking down on companies that skirt labor and tax laws by misclassifying workers as independent contractors, and the state has instituted a major change by providing mandatory paid sick leave to nearly all employees in the state. Businesses must be aware of these changes and review their policies and contractual relationships to ensure compliance.
Med Mal News
November 02, 2015
In-depth analysis of two key verdicts.
Same Evidence Used to Reject Bias Claim, Support Retaliation Claim
November 02, 2015
The (over)use of the summary judgment process in employment discrimination cases has been heartily scrutinized over the years. As this author has pointed out, there is at least one prominent federal judge who thinks the use of summary judgment, as a practice, should be eliminated in these types of cases.
The Annual State of the Firm Report
November 02, 2015
As the year draws to an end, many of the more enlightened law firm managing partners and members of the executive committee assess the results of the current year and begin to develop plans for the coming year.
