Content Owners' Pursuit of Secondary Infringement Claims
January 31, 2014
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Is the Internet a Safer Place for Content Owners?
January 31, 2014
Many battles have been fought in courtrooms across the United States over the unauthorized Internet sharing of copyrighted books, music, movies and television shows. These include disputes over increasingly more sophisticated software products and websites that appear designed to respond to the latest court rulings over the scope of the DMCA "safe harbor" protections and the elements required to establish secondary copyright infringement liability.
The Death Benefit Only Program
January 31, 2014
The Death Benefit Only (DBO) program provides non-qualified deferred compensation, and death benefits. The DBO program can be used by employers without regard to corporate and qualified plan limitations and may be provided by employers on a permissibly discriminatory basis. The DBO program, when structured properly, can accept elective or non-elective contributions on an individual employee basis. The benefits can also be used as Golden Handcuffs to retain valued employees.
The Patient Protection and Affordable Care Act and its Effect on Franchising
January 31, 2014
As the ACA continues to be implemented, franchisors and franchisees must be vigilant in understanding whether they are subject to the ACA's mandates, penalties and tax credits. The franchising industry must be sufficiently informed and prepared to manage the uncertainty surrounding both compliance requirements and costs.
Your e-Discovery Bucket List
January 31, 2014
In-house teams that have been subject to resource constraints and staff reductions must approach their litigation more thoughtfully and creatively than ever before.
General Personal Jurisdiction: Daimler AG v. Bauman
January 31, 2014
This article provides an overview of the Supreme Court's general-jurisdiction doctrine, discusses the recent decision in <I>Bauman</I>, and assesses the likely impact of the decision going forward.
Coverage Disputes over Data Breach
January 30, 2014
As more companies have experienced data breaches, we have seen an increasing number of disputes over whether insurance policies will help pay for them.
