UPDATE -- Blurred Lines
April 02, 2014
In the March 2014 issue, in their article titled 'Blurred Lines,' the authors discussed a number of decisions from various jurisdictions concerning the applicability of the attorney-client privilege and work-product doctrine in the context of an insurer's claims investigation. Among those decisions was <i>National Union Fire Ins. Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc.</i>
Author's Rights Grant to Publisher Included e-Books
April 02, 2014
Today's book publishing agreements typically include a grant of e-book rights from an author to a publisher. But contracts from the pre-e-book era have been contested as to whether the older agreements give the author or the publisher the e-book rights in the author's works. The U.S. District Court for the Southern District of New York has decided that the phrase "now known or hereafter invented" granted the e-book rights to the publisher.
Decision of Interest
April 02, 2014
Wife May Have Equitable Interest in Husband's Separately Owned Home,
Is This a Franchise, or Not?
April 02, 2014
One of the challenges commonly facing franchise lawyers is that there are several definitions of the term "franchise." Regardless of whether the parties intend to establish a franchise relationship, if the relationship legally is deemed a "franchise," certain federal and state laws may apply. However, the definition of "franchise" often varies from statute to statute, and it may be difficult to determine whether a particular statute applies.
New Arbitration Appellate Procedures Change Playing Field
April 02, 2014
Franchisors have historically struggled with whether to include provisions calling for mandatory arbitration of all franchise disputes in their franchise agreements. One of the main complaints about arbitration from franchisors and franchisees alike ' and a reason many franchisors opt not to include arbitration provisions in their franchise agreements ' has been the lack of an effective appeal process.
When Moore Means Lease
April 02, 2014
Moore's Law revealed the fundamental question we all ask when faced with a new technology: should I <i>purchase</i> that device? The fact is, we don't know. The period of exponential improvement which we are all now familiar with has shown time and again that there will be some breakthrough in technology over the next several months that delivers a product to me that is better, cheaper and faster.
Real Property Law
April 02, 2014
Junior Mortgagee Fails in Effort to Require Senior Mortgagee to Sell Security Separately <br>Time of the Essence Notice Ineffective When Served Before Initial Closing Date<br>Seller Not Entitled to Vendor's Lien
Revenue Recognition
April 02, 2014
When is a sale a sale? This question is much more than semantics or a deep philosophical debate that college accounting majors have over a nice cold keg of Mountain Dew. Many an executive or business owner has gone to jail over this issue.
