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Results: 1-10 of 186

Details on therapeutic discovery tax credit for small employers released

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 9 2010

The Affordable Care Act (the "Act") enacted a "qualified therapeutic discovery tax credit" for small employers

Grandfathered health plan interim final regulations released

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 21 2010

On June 14, 2010, the Departments of Labor, Health and Human Services, and Treasury released final interim regulations relating to the status of grandfathered health plans under the Affordable Care Act (the "Act"

Music downloads and ringtones are licensed, not sold, under royalty agreement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled

Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled

Federal law barring data pass marketing practices signed into law

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

S. 3386, the federal "Restore Online Shoppers' Confidence Act, was signed into law on December 29, 2010

E-mail may satisfy writing requirement under New York real estate Statute of Frauds

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An e-mail may be sufficient to satisfy the New York real estate Statute of Frauds requirement that a conveyance or contract concerning real property be in writing, a New York appellate court ruled

Ninth Circuit revises controversial opinion limiting government searches of electronically stored information

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information

Contract right to unilaterally change brokerage fees by web site posting subject to unjust enrichment claim

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A brokerage agreement that contained a provision permitting the broker to change a customer's brokerage fees by posting on its Web site is subject to an unjust enrichment challenge, a district court ruled

Tort plaintiff lacked reasonable expectation of privacy in social network communications

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A tort plaintiff lacked a reasonable expectation of privacy in e-mails and other communications shared with third parties on social networking sites, a New York State trial court ruled

Online provider's selective deletion and retention of third-party business reviews protected by CDA Section 230

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An online business review site is not liable for alleged defamatory comments posted by a third party user of the site, a New York trial court ruled

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