Amend Your Arbitration Clause to Comply with New Rules
January 31, 2014
Franchising companies often select arbitration to resolve issues with their franchisees and critical vendors. An arbitral forum allows the parties to discuss and resolve marketing initiatives outside of the prying eyes of the media and competitors. Although some companies welcome the limitations on appeals of arbitration awards as an advantage in reaching finality of business disputes, others find it a reason to avoid arbitration, because the costs of a bad outcome can be high.
Net News
January 31, 2014
Ninth Circuit Cool to Privacy Claims against Facebook, Zynga <br>Cooley Advises LegalZoom in Private Equity Infusion
Bit Parts
January 31, 2014
Hulk Hogan Denied Temporary Injunction Against Publication of Sex Tape<br>Publisher's Copyright Registration Permits Songwriter's Estate to Pursue Infringement Claim<br>'Vampyres' Book Didn't Defame Plaintiff with Same Name as Fictional Character
IP News
January 31, 2014
Federal Circuit Takes Hard Look at a More Permissive Standard for Fee-shifting <br>Federal Circuit Confirms that Prosecution History Estoppel Applies to Design Patents<br>FDCA Does Not Preempt State Unfair Competition Claims
How Law Firms Can Fix the 'Dropbox Problem'
January 31, 2014
Maintaining client confidentiality has always been a core responsibility of the legal profession, yet keeping sensitive, confidential information secure has never been more complicated, thanks to the emerging "Dropbox problem."
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.
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.
National Origin Discrimination
January 31, 2014
Amidst a workforce characterized by rapidly changing demographics, employers and employees are faced with many challenges, including providing a workplace free from harassment and discrimination.
Data Analytics
January 31, 2014
Data analytics, the same data mining and interpretive analysis used for decades in other professions, is bringing change to the core business side of the legal profession ' and in the process, revealing great potential for increased efficiency, cost-savings and new ways of managing risk.
BRIC by BRIC
January 31, 2014
When the United States passed the Foreign Corrupt Practices Act (FCPA) in 1977, it made a long-term investment, arguably at the cost of near-term competitiveness, in the ability of the U.S. economy to raise corporate and ethical best practices globally. With a number of reforms now underway in Brazil, Russia, India and China (the high-growth, high-risk BRIC countries), it appears the investment is paying dividends.
