Bit Parts
February 28, 2014
Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle<br>State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture
Ninth Circuit Upholds WA State Publicity Rights Amendment
February 28, 2014
The U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of Washington's publicity rights law in a trademark dispute over the rights to singer and guitarist Jimi Hendrix's name and likeness.
Managing Partners and 'Gamification'
February 28, 2014
Many managing partners tell us they are struggling to get their arms around new tools and techniques for driving more efficiency and cost-effectiveness into legal service delivery. Firms are seeing more and more RFPs in which clients make increasingly draconian demands for better management and control of legal work. AFAs (alternative fee arrangements) are reshaping not just pricing and profitability, but the whole way in which matters are staffed and billed.
No 'Good Cause' Found to Stop Interest Accrual On Value of CKx
February 28, 2014
CKx Inc., the entertainment company that holds the rights to <i>American Idol</i> and other TV programs, and is involved in litigation over its acquisition by Apollo Global Management LLC, cannot order the challenging shareholder to accept the undisputed portion of the purchase price of its stock, the Delaware Court of Chancery ruled.
Legal Issues in What Celebrities Wear At Award Shows
February 28, 2014
For many viewers, the main attraction of Hollywood award ceremonies are the gowns and tuxedos worn by celebrities as they stroll from interview to interview on the red carpet. A positive appearance can be a make-or-break moment for the fashion houses that outfit the stars and bring sought-after attention to the star. But what rights govern the wearing of designer gowns by celebrities at these events? And what rules apply when designers want to make commercial use of the celebrities who wear their creations?
Court Watch
February 28, 2014
U.S. Supreme Court Strengthens Franchisors' Ability to Litigate In Chosen Forum <br>Arbitration Provision Not Enforced Against Franchise Transferee<br>Franchisor Entitled to Terminate Franchises Without Notice Based on Fraudulent Inducement
Acquiring More Than Just Assets
February 28, 2014
The implications of the ruling are clear: Where one company seeks to acquire the assets of another, a simple disclaimer of liability will not be sufficient. Due diligence requires that the successor company closely examine any pending employment-related litigation of the seller and determine how a particular sale implicates the successor liability test under the federal common law.
DE Supreme Court Eases Social Media Authentication
February 28, 2014
Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.
Dictating or Encouraging Franchisee Pricing
February 28, 2014
A price charged by a franchisee that is too low can adversely affect other franchisees and the franchisor by discouraging the provision of pre- and post-sale services, eroding brand image and jeopardizing the ability to introduce new products by depressing price points. Although relatively rare, a franchisee also may cause marketplace problems by charging too high a price for an attractive, new product in great demand.
Statistical Sampling
February 28, 2014
The focus on proportionality in high-profile cases such as <i>Apple v. Samsung</i>, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.