This article draws two lessons from an opinion in a recent copyright infringement lawsuit by several publishers against Georgia State University. First, the court's opinion set forth a bright line rule regarding what constitutes fair use...
Someone writes a bad review about your business on a website. You think that the review contains statements which qualify as defamation. Can you file a lawsuit against the writer? This article points out that before you file a...
The JOBS Act represented the most sweeping change to the federal securities laws in quite some time. Because many of its changes replaced bright line prohibitions with permissive standards, this article points out that the Act might lead...
This article decries certain questionable practices in intellectual property litigation involving the calculation and awarding of damages. The article notes a $100 million dollar default judgment in a recent lawsuit and points out that these...
When entering a contract to memorialize a transaction with a counterparty in a different country, how hsould the parties agree to resolve disputes arising from that contract? This party weighs in with recommendations on the type of dispute...
A recent presentation at a prominent conference related to trademark rights and keyword advertising. This article is part of a series of reaction pieces on the conference in general and that presentation in particular. The article...
This article points to a recent example from the Samsung v. Apple patent litigation to highlight the idea that large law firms' ability to throw bodies at a problem does not necessarily lead to more effective results. In this litigation, one of...
The daily deals business model has picked up steam in recent years (as the furor surrounding Groupon's IPO demonstrated). WIth this high visibility has come heightened legal concerns, however. This article analyzes happenings in a...
Melinda Spitzer and Tuvyah Aronoff discuss how a decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the...
Melinda Spitzer, an attorney licensed in New York but living and working in Israel, gives an inside look at how some practices have opened offices in foreign countries.