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Louisiana Court Holds Video-on-Demand and Pay-Per-View Are Not Tangible Personal Property

Today the Louisiana Fifth Circuit Court of Appeal held that a cable television provider’s video-on-demand (VOD) and pay-per-view (PPV) programming services are not tangible personal property and therefore not subject to sales...more

Canada’s Anti-Spam Law (CASL) applies to Software January 15

Earlier this year we told you that Canada’s Anti-Spam Law (CASL) is not just for Canadians. CASL is also not just about “spam”. Effective January 15, 2015, CASL applies to the installation of “computer programs” –...more

U.S. Begins Easing Cuba Embargo: New Opportunities and Challenges - The Embargo Changes Will Most Likely Be Phased-In as Opposed...

On Dec. 17, 2014, President Obama announced the United States will re-establish normal diplomatic relations with Cuba and that certain economic sanctions will be eased. Notwithstanding the media frenzy implying that the...more

White House to Ease Cuba Embargo: Historic Announcement May Open New Opportunities for U.S. and Multinational Corporations

On December 17, 2014, President Obama announced steps to ease the 54-year old embargo on Cuba and begin to restore diplomatic relations. Although the full extent of easing has yet to be determined, this historic policy shift...more

Hospitalitas Newsletter - Winter 2014

In This Issue: - Marriott Fined $600,000 For Wi-Fi Jamming - Franchisor Liability for Franchisee Employment Decisions: The NLRB’s General Counsel Addresses the Move to Expand the Joint-Employer Standard, and...more

Obama’s Reboot of U.S.-Cuba Relations: What Does It Mean?

Last Wednesday, President Obama announced the most sweeping changes to U.S.-Cuban relations in half a century, in effect beginning normalization to a relationship fractured by the pressures of the Cold War. Only baby steps...more

Reflections and Gratitude

We started this blog about eight months ago. We did so because of the prevalence of section 75-1.1 claims in North Carolina business disputes. Indeed, it’s the unusual business dispute in North Carolina that does not include...more

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

Social media sweepstakes: 10 things you should know

“How did we have sweepstakes before Facebook?” That question, which I heard during a call last week, summarizes the tremendous impact that social media has had on the use of sweepstakes and contests. These promotions are more...more

Top 10 Legal Mistakes For Start-Ups

1. You Haven’t Lawyered Up. OK, that may be a little dramatic, but the worst case scenario is that you have a handshake deal with your co-founders. After all, we are all buds, this won’t go wrong. Even if it never goes...more

Marriott Fined $600,000 For Wi-Fi Jamming

On October 3, 2014, Marriott International entered into a consent decree with the Federal Communications Commission (FCC) where Marriott agreed to pay a $600,000 fine for jamming conference guests' Wi-Fi hotspots at the...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

Normalizing U.S. Relations with Cuba: What is ahead?

On December 17, President Obama announced that he will take steps to normalize relations with Cuba, prompting questions about what this means for an island nation that has existed under a Cold War-era embargo for more than 50...more

Turnin’ Havana to Atlanta: The White House Opens Doors for U.S. Telecommunications Investment in Cuba and Latin America

Historic changes in relations between the United States and Cuba (that touch nerves in Hip-Hop and on Capitol Hill) and new U.S. sanctions against Venezuela may provide increased opportunities for U.S. business generally, and...more

Hitting Below the Belt? MMA Fighters Allege That UFC Has Monopolized the Mixed Martial Arts Game

Throughout their history, professional sports leagues, including the National Football League, the National Basketball Association, and the National Hockey League, have generated high-profile antitrust litigation. The nascent...more

The Stuff of Novels

We’ve all heard of Google. But have you heard of Google X? Google X is Google’s super somewhat secret research facility, a la Q Branch of Ian Fleming’s 007 spy novel fame, which has as its mission the...more

Tax Law Alert: The Tax Increase Prevention Act of 2014 Extends Expired or Expiring Provisions

Congress this week passed the Tax Increase Prevention Act of 2014 (the Act), which is expected to be signed by President Obama at any time. The Act renews or extends a number of expired or expiring provisions. Some of the...more

BBB Issues OBA Warning: What You Should Know and What to Do About It

The Online Interest-Based Advertising Accountability Program just released another compliance warning, stating that the use of Interest-Based Advertising (IBA) in native advertising must comply with the Digital Advertising...more

Facing TCPA Claims for Texting Advertisements? You May Also Have Some Insurance Coverage Concerns

During this busy holiday shopping season, retailers may end up facing litigation under the Telephone Consumer Protection Act (TCPA) for sending advertisements to consumers’ cell phones. With large-scale litigation...more

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

How Do “Relationship-Forward” Companies Market and Sell? (Part III)

Reward it. To know that relationship development is valued, one only need look at the annual compensation of rainmakers in the financial services industry. Goldman Sachs’ 250 partner managing directors, who are the...more

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

Illinois Court Holds No E&O Coverage for Underlying TCPA Violation

In Margulis v. BCS Ins. Co., 2014 Ill. App. LEXIS 826 (Ill. App. Ct. 1st Dist. 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer has a duty to defend an insurance agent under...more

Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that....more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

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