to Individuals and Small Businesses That Operate on the Internet

Size: px
Start display at page:

Download "to Individuals and Small Businesses That Operate on the Internet"

Transcription

1

2 40 THE Online Copyright Infringement: Minimizing Exposure to Individuals and Small Businesses That Operate on the Internet by Lawrence A. Waks, JeffERy R. Johnson & Emilio B. Nicolas With the advent and rapid global expansion of the Internet, increasingly, individuals and small businesses, knowingly or not, are exposing themselves to potential liability for copyright infringement. 1 This is in spite of the various legal and practical measures potentially available to such individuals and entities for minimizing their exposure to liability, including a decade-old federal statute enacted specifically to address copyright infringement liability online. But for individuals and small businesses to take advantage of these preventative measures, they must first be aware of their risk of exposure to liability for copyright infringement, what legal and practical protections are available, and how best to incorporate those preventative measures into their business plans and online activities on a cost-effective basis. This article explores a few key strategies. 2 I. Copyright Infringement and the Internet It is estimated that the great majority of small businesses in the United States have their own Internet websites. 3 And the vast majority of those small businesses with websites derive at least some portion of their revenues from their online activities. 4 These numbers are certain only to increase in the future. In addition, with faster and easier access to the Internet, individuals have markedly increased the extent of their online presence and have changed the nature of their Internet activities. These varied activities range from and messaging to running and operating websites and web logs (commonly called blogs ). Individuals are also increasingly becoming creators of uploaded Internet content and not merely consumers of downloadable Internet material. With this ever-growing presence on the Internet and with greater online interaction comes increased (and increasing) potential liability for copyright infringement. And while With this ever-growing presence on the Internet and with greater online interaction comes increased (and increasing) potential liability for copyright infringement. defending a copyright lawsuit can be expensive even for large companies, it can be nothing short of devastating for small businesses and individuals. This fact, combined with the potential for significant damage awards, makes it necessary for these entities to understand fully the risks they face as a result of their online activities and to adopt appropriate measures to protect themselves. 5 A. Direct Copyright Infringement Small businesses and individuals operating on the Internet can be liable for either direct or indirect infringement under certain circumstances. The defenses available to them depend on the type of infringement that is being asserted. Direct copyright infringement arises when a person or entity violates any of the exclusive rights of a copyright owner identified in the 1976 Copyright Act. 6 To prevail on a claim for direct infringement, a plaintiff must prove the following: (1) the plaintiff owns a valid copyright, (2) the defendant factually copied the protected elements of the copyrighted work, and (3) the copyrightable expressions of the copyrighted work and the allegedly infringing work are substantially similar to each other. 7 The first element, ownership of a valid copyright, is established by proving the originality and copyrightability of the material and compliance with the statutory formalities. 8 Factual copying, the next element, can be proved by direct or circumstantial evidence. 9 As direct evidence of copying is rarely available, factual copying may be inferred from (1) proof that the defendant had access to the copyrighted work prior to the creation of the infringing work and (2) probative similarity. 10 Probative similarity refers to a finding of any similarities between the two works (whether substantial or not) that, in the normal course of events, would not be expected to arise

3 THE 41 independently in the two works and that therefore might suggest that the defendant copied part of the plaintiff s work. 11 And the final element, substantial similarity, requires a showing that, in viewing the two works side-by-side, a layman would find that the copyrightable elements of the two works are sufficiently alike that the copyright to the original work has been infringed. 12 Since direct copyright infringement is a strict liability tort, whether the infringement was intentional (or whether the individual or entity even knew that the infringement was occurring) is irrelevant for purposes of liability. Clearly, as it relates to the Internet, this fact is potentially of huge importance both to those that operate websites or blogs to which others can post content and to those that unknowingly post potentially copyrighted content to the Internet. The bottom line is that, under the Copyright Act, if a website user or blogger posts copyrighted material to a website, the poster and the owner of the site can be liable for copyright infringement. B. Indirect Copyright Infringement Although not the direct infringer, a person or entity who participates in the act of infringement may be held liable for indirect copyright infringement. There are two main theories of indirect infringement liability: contributory and vicarious Contributory Infringement Contributory copyright infringement is the act of participating in, or contributing to, the infringing acts of another. To prevail on a claim for contributory infringement, the plaintiff must prove the defendant (1) knew or had reason to know of a direct infringement and (2) intentionally induc[ed] or encourage[d the] direct infringement. 14 From this, the courts and legal scholars have identified two contexts in which contributory infringement may arise: when the defendant s personal conduct... forms part of or furthers the [direct] infringement, and when the defendant contributes machinery or goods that provide the means to infringe Vicarious Infringement Vicarious copyright infringement allows the imposition of liability when the defendant (1) profits directly from the infringement, and (2) has a right and ability to supervise the direct infringer, but declines to exercise that right and ability to stop or limit the infringement. 16 It is immaterial whether the defendant initially lacks knowledge of the infringement. 17 C. Potential Remedies for Copyright Infringement In the event of a finding of liability for copyright infringement, the prevailing plaintiff may be entitled to substantial relief from the court. In terms of money, the plaintiff may elect to recover (a) actual damages plus any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages or (b) the frequently more appealing statutory damages. 18 If the plaintiff elects to recover statutory damages, then the amount recoverable ranges from $750 to $30,000 for each work that has been infringed, with determination of the amount made at the discretion of the court. 19 Upon a finding that the defendant s infringing conduct was willful, the statutory range increases from a maximum of $30,000 to $150,000. In addition to monetary damages, the prevailing plaintiff may be entitled to reimbursement of its attorneys fees and costs, 20 injunctive relief, 21 as well as the impounding, disposal, seizure and/or destruction of the infringing works and devices. 22 Criminal liability is also a possibility, 23 although the criminal prosecution of a copyright infringer tends to be infrequent, it is certainly not unheard of. 24 D. Placing Personal and Business Relationships in Jeopardy In addition to incurring personal liability, individuals and small businesses may be placed in the uncomfortable position of exposing their own clients and colleagues to liability. Often, the identity of a direct infringer (such as an individual who posts infringing material to a website) is unknown, while the identity of an indirect infringer (such as the owner or operator of the website to which the infringing material was posted) can easily be determined by, for example, conducting a WHOIS search. 25 To identify the direct infringer, the DMCA permits a copyright owner to request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer... without having to file a lawsuit. 26 Alternatively, the copyright owner may file an ex parte discovery lawsuit against the indirect copyright infringer (commonly referred to as a John Doe suit ) to obtain the identity of the direct infringer, usually by way of a subpoena issued pursuant to Rule 45 of the Federal Rules of Civil Procedure. 27 But regardless of the means by which it is accomplished, the end result is that individuals and small businesses that fail

4 42 THE to take preventative measures against copyright infringement liability may compromise their personal and/or business relationships with clients and colleagues who wish to maintain their anonymity. 28 II. Preventative Measures for the Avoidance of Copyright Infringement Liability But while the Internet has brought with it heightened risk of copyright infringement liability, there are protections that small businesses and individuals can employ to help decrease the risk associated with having an online presence. The rapid expansion of the Internet as an important avenue of commerce has also led to significant changes in substantive copyright law. There now exist additional measures that businesses and individuals can take to prevent copyright infringement lawsuits or to ensure that those lawsuits can be resolved more quickly and less expensively. Small businesses and individuals that see the Internet as a potential source of additional revenue and individuals that desire to fully partake in current online capabilities and offerings need to be aware of the risks associated with such activities and the ways in which the law can protect them (and the ways in which it does not). A. Content Rights Clearance Before placing any content on a website (including, without limitation, music, videos, graphics, photographs, text, and the design of the website itself), it should be a standard operating procedure for any small business or individual with an online presence to identify and secure the written permission of the owner of such content. To identify the copyright owner of a particular work, the individual or small business should retain the services of an experienced intellectual property attorney 29 and/or a reputable copyright title search company. If it is not possible or practical to identify and secure the written permission of the owner of certain content, then the individual or small business should reconsider making any use of such content. It is dangerous for a website owner to assume that title to content is free and clear just because the content was created by or at the direction of the website owner. Generally, copyright ownership subsists in the author (or co-authors) of a copyrightable work. 30 However, as with almost any general rule, there is an exception. Under the work-made-for-hire doctrine, copyright ownership in a particular work automatically devolves to the employer (not the actual author of the work) when the work is prepared by an employee within the scope of his or her employment. 31 Similarly, works specially ordered or commissioned for [such limited] use[s] as a contribution to a collective work, [or] as part of a motion picture or other audiovisual work..., the independent contractor (as the actual author of the work), not the principal, is deemed the copyright owner, unless the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. 32 Accordingly, if, for example, an individual or small business contracts with an independent contractor to develop and design its webpage without a signed written agreement, then the independent contractor, not the individual or small business, may own the copyright in and to the design of the webpage. As the copyright owner, the independent contractor could, in his or her sole discretion, limit the individual s or small business s use or control of the webpage. It is also dangerous for a website owner merely to assume that certain content is subject to fair use or the public domain. Fair use is an affirmative defense to copyright infringement that is often reduced to a question of fact. Accordingly, the mere assumption that the use of certain content on a website is fair might only be confirmed after exposure to a costly suit for copyright infringement. Although a certain work may exist in the public domain, the particular version of that work being used in connection with the website may, in fact, be a derivative work that incorporates new elements that do not exist in the public domain. For example, to liven-up his website, the owner of a website dedicated to American politics might upload a recording of Jimi Hendrix s classic Woodstock performance of Francis Scott Key s 1814 musical composition Star Spangled Banner thinking the song exists in the public domain and consequently has no owner. Although the musical composition Star Spangled Banner exists in the public domain and, as a result, is no longer subject to copyright protection, Jimi Hendrix s recorded performance thereof does not exist in the public domain because sound recordings are themselves subject to copyright protection. 33 Accordingly, the use of a work known to exist in the public domain may still be restricted when the particular version of that work being used contains additional material contributed by another author. 34 B. DMCA Compliance In 1998, Congress enacted the Digital Millennium Copyright Act ( DMCA ) to provide immunity to service providers from copyright infringement liability for passive, automatic actions in which a service provider s system engages through a technological process initiated by another without the

5 THE 43 knowledge of the service provider. 35 Title II of the DMCA added Section 512 to the 1976 Copyright Act, thereby creating four affirmative defenses (or safe harbors ) for qualifying service providers, as that term is defined under 17 U.S.C. 512(k)(1). 36 Although not an absolute defense to copyright infringement, the safe harbors can significantly limit the amount of liability a defendant service provider may incur. 37 Whether a person or small business qualifies as service provider is a question of law. 38 However, at this writing, not enough case law exists to delineate with much precision what does and does not fall within the definition of a service provider. Accordingly, since the cost to comply with the DMCA is generally negligible, a website owner would be wise to comply with it. To take shelter in a DMCA safe harbor, the person or small business must satisfy the threshold conditions of 17 U.S.C. 512(i), as well as the statutory preconditions of each individual safe harbor as provided under 17 U.S.C. 512(a)- (d), respectively. Specifically, a qualifying service provider should satisfy the following statutory measures: Adopt, reasonably implement, and inform subscribers and account holders about a policy that provides for the termination of subscribers and account holders of the service provider s system or network who are repeat infringers whenever the service provider has knowledge of such infringements on its system or network. 39 A service provider may have knowledge of infringing activity when it knows or should know that infringing material exists on its system or network, 40 or when it receives a cease-and-desist letter (or DMCA takedown notice) that substantially complies with the notice and takedown procedures of 17 U.S.C. 512(b)(2)(E), (c)(3) and/or (d)(3). Implement a working DMCA takedown notification system that (1) allows copyright owners to collect information from the service provider that is necessary for the issuance of a statutorily compliant DMCA takedown notice, (2) sets forth a standard internal procedure for receiving and immediately responding to a DMCA takedown notice, regardless of whether the DMCA takedown notice is statutorily compliant, and (3) permits the service provider to identify and track infringers and infringing materials from its system or network. 41 [A]ct[] expeditiously to remove, or disable access to, any infringing material on the service provider s system or network that may be infringing or the subject of an infringing activity. 42 Avoid receiving any financial benefit [that is] directly attributable to the infringing activity In other words, the service provider should avoid attracting or otherwise drawing subscribers and account holders to its system or network for the purpose of engaging in infringing activities. 44 Designate an agent to receive DMCA takedown notice (i.e., a DMCA agent), and register said DMCA agent s contact information with the Register of Copyrights. 45 If a DMCA takedown notice does not comply with the statute, then promptly contact and provide the sender with assistance in re-submitting a new, statutorily compliant DMCA takedown notice. 46 In addition to the foregoing statutory requirements, the service provider should also consider taking the following preventative measures: Designate a single individual in house (preferably the service provider s DMCA agent) to handle all DMCA takedown notices. This individual can be an administrative assistant who performs the additional function of receiving DMCA takedown notices and then directs those notices to the service provider s in-house or outside legal counsel for immediate investigation and response. Maintain a paper trail. In other words, keep a standard DMCA log of all matters concerning the receipt and handling of each and every DMCA takedown notice, regardless of whether the notice complies with the statute. Important information may include names, contact information, dates, times, descriptions and locations of infringing activities and materials, mail matter (including envelopes, certificates, and return receipts (or green cards)), and actions taken. Treat each and every DMCA takedown notice with great importance. Failure to respond properly to even one notice could prevent the service provider from taking shelter in a safe harbor and, thus, subject the service provider to monetary damages for copyright infringement. 47

6 44 THE C. Marketing Many websites that are established and designed for legitimate, lawful purposes are also used, at least to some extent, for unlawful ends (including to infringe copyrights). Such was the case in the U.S. Supreme Court s recent decision, Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005). In Grokster, the distributors of P2P file-sharing networks similar to Napster the notorious file-sharing service... [that] was sued by copyright holders for facilitation of copyright infringement were found liable for indirect copyright infringement because, among other things, they had marketed themselves as the alternatives to Napster. 48 Accordingly, individuals and small businesses alike should heed the following warning: If your website has alternative lawful and unlawful uses, then minimize those illicit uses, to the extent possible, and at the very least, do not market or otherwise draw attention to them. D. Defending Suit in a Foreign Locale Arguably as important as whether a website owner will be subject to copyright infringement liability, is where such liability will be adjudicated. Not only can location impact how a suit for copyright infringement will be adjudicated, 49 but it can also increase the cost of defending suit. Depending on the defense strategy being employed, additional costs to defend suit in a foreign locale may include travel costs for the defendant and testifying witnesses, the cost to retain local counsel, and, as is common in multi-jurisdictional litigation, the additional cost of researching and arguing which jurisdiction s law will apply to any given substantive or procedural issue of law. The issue of where the adjudication of a copyright infringement suit will take place is always a concern when dealing with a website because personal jurisdiction in the context of online activities is generally determined by the level of interactivity and the commercial nature of the exchange of information that occurs on the website [in question]. 50 Accordingly, the more interactive the website, the more likely it will be subject to the personal jurisdiction of a foreign locale. To help reduce the likelihood of being subjected to the personal jurisdiction of a foreign locale, the individual or small business with an interactive website should consider requiring all visitors to accept a click-through agreement containing a forum selection clause before they can access the website. Such red tape, however, may deter individuals from visiting the website and, thus, defeat the need for having a website in the first place. Accordingly, if the idea of a click-through agreement is undesirable, then the only alternative available may be to significantly reduce or otherwise eliminate the interactive component of the website. E. Insurance and Retainers In addition to the foregoing legal measures on can take, to help ease the financial burden of defending a suit for copyright infringement, a website owner or operator should secure an insurance policy that will cover claims of copyright infringement (as well as claims affecting other proprietary and personal rights) arising from or in connection with his website. An insurance provider may provide for such coverage in its standard errors and omissions (or E&O) insurance policy, or it may have a separate policy designed specifically for websites and other online activities. Also, the individual or business should retain the services of an experienced intellectual property attorney preferably a litigator to handle any concerns or disputes that demand immediate attention. That way, time is not wasted searching for and initially consulting with an attorney who will likely need time to become familiar with the website (including its purpose and function) and the other relevant facts. I. Final Thoughts Obviously, the greatest preventative measure for avoiding copyright infringement liability is to not do it in the first place. However, given the ever-increasing flow of content both online and offline, that is easier said than done. Individuals and small businesses must make conscientious decisions about their online activities, and carefully consider all content they place or allow others to place on their websites. Although the preventative measures mentioned herein will not guaranty complete insulation from copyright infringement liability, they will certainly improve those chances of avoiding suit for infringement, minimizing the cost of such actions, and successfully defending against them. Lawrence A. Waks is a partner in the Austin, Texas office of Jackson Walker L.L.P. As both a litigator and transactional attorney, Mr. Waks represents a broad range of domestic and international clients in the entertainment, media, publishing, advertising, communication, high tech, biotech, and energy industries. Jeffery R. Johnson is an intellectual property litigator in the Austin, Texas office of Jackson Walker L.L.P. Emilio B. Nicolas is an entertainment and media law attorney in the Austin, Texas office of Jackson Walker L.L.P. O

In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe

In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe In the Technology-Driven, File Sharing Era, Copyright Protection Remains Alive and Well As a Tool to Combat Active Inducements to Infringe On June 27, 2005, the Supreme Court in Metro-Goldwyn-Mayer Studios

More information

Ninth Circuit Interprets DMCA Safe Harbor in Favor of Service Providers Like Veoh. By Yuo-Fong C. Amato, Associate

Ninth Circuit Interprets DMCA Safe Harbor in Favor of Service Providers Like Veoh. By Yuo-Fong C. Amato, Associate Ninth Circuit Interprets DMCA Safe Harbor in Favor of Service Providers Like Veoh By Yuo-Fong C. Amato, Associate The Ninth Circuit Court of Appeals recently upheld summary judgment and a Rule 12(b)(6)

More information

APPENDIX A that is not acceptable. Arbitration settled by arbitration arbitration shall be held in New Jersey substantive law of New Jersey

APPENDIX A that is not acceptable. Arbitration settled by arbitration arbitration shall be held in New Jersey substantive law of New Jersey APPENDIX A The attorneys in the Office of University Counsel at the University of Colorado Denver Anschutz Medical Campus review many different types of contracts on behalf of the University. Legal review

More information

The Role of Internet Service Providers in Stopping Internet Copyright Infringement. Jennie Ness Regional IP Attaché U.S. Commercial Service

The Role of Internet Service Providers in Stopping Internet Copyright Infringement. Jennie Ness Regional IP Attaché U.S. Commercial Service The Role of Internet Service Providers in Stopping Internet Copyright Infringement Jennie Ness Regional IP Attaché U.S. Commercial Service New Means of Distribution Webcasting or Streaming Uploading and

More information

'Safe Harbor' For Online Service Providers

'Safe Harbor' For Online Service Providers Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com 'Safe Harbor' For Online Service Providers

More information

COPYRIGHT, PEER-TO-PEER FILE SHARING AND DMCA SUBPOENAS

COPYRIGHT, PEER-TO-PEER FILE SHARING AND DMCA SUBPOENAS 1 of 6 8/16/2007 9:16 AM TOPIC: COPYRIGHT, PEER-TO-PEER FILE SHARING AND DMCA SUBPOENAS INTRODUCTION: This past summer saw developments relating to peer-to-peer ( P2P ) music file sharing. Of most significance,

More information

Liability of Internet Service Providers

Liability of Internet Service Providers Liability of Internet Service Providers Tsuneaki Hagiwara Manager of the Legal Department, Toppan Printing Co., Ltd. 1. U.S. Rules Limiting Liability of Internet Service Providers (1) Copyright Infringement

More information

Master Software Purchase Agreement

Master Software Purchase Agreement Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (

More information

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this

More information

Legal FAQ: Introduction to Patent Litigation

Legal FAQ: Introduction to Patent Litigation Legal FAQ: Introduction to Patent Litigation by charlene m. morrow and dargaye churnet 1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent

More information

DOMAIN NAME DISPUTE & COPYRIGHT CLAIMS POLICY

DOMAIN NAME DISPUTE & COPYRIGHT CLAIMS POLICY DOMAIN NAME DISPUTE & COPYRIGHT CLAIMS POLICY INMOTION HOSTING, INC. ("INMOTION") supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright

More information

(1) The term automatic telephone dialing system means equipment which has the capacity

(1) The term automatic telephone dialing system means equipment which has the capacity Telephone Consumer Protection Act 47 U.S.C. 227 SEC. 227. [47 U.S.C. 227] RESTRICTIONS ON THE USE OF TELEPHONE EQUIPMENT (a) DEFINITIONS. As used in this section (1) The term automatic telephone dialing

More information

MINNESOTA FALSE CLAIMS ACT

MINNESOTA FALSE CLAIMS ACT . MINNESOTA FALSE CLAIMS ACT Sec. 24. [15C.01] DEFINITIONS. Subdivision 1. Scope. For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim. "Claim" includes

More information

INDEPENDENT CONTRACTOR AGREEMENT

INDEPENDENT CONTRACTOR AGREEMENT INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement ( Agreement ) is entered between Nordstrom, Inc. ( Nordstrom ), with a business address at 1700 Seventh Avenue, Suite 1000, Seattle,

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Case 1:13-cv-02282-RWS Document 1 Filed 07/09/13 Page 1 of 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DE ANGELO BENTLEY, ) MARQUES ROBERTSON, ) IKEYMA MCKENTRY, ) individually,

More information

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan;

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan; In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds agree as follows: I. INSURING

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you are a current or former user of PayPal in the United States who had an active PayPal account between April 19, 2006 and November

More information

Government Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis

Government Contract. Andrews Litigation Reporter. Intellectual Property Rights In Government Contracting. Expert Analysis Government Contract Andrews Litigation Reporter VOLUME 23 h ISSUE 6 h July 27, 2009 Expert Analysis Commentary Intellectual Property Rights In Government Contracting By William C. Bergmann, Esq., and Bukola

More information

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork,

These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, TERMS AND CONDITIONS INFLUENCERS AT WORK These TERMS AND CONDICTIONS (this Agreement ) are agreed to between InfluencersAtWork, Ltd. ( InfluencerAtWork ) and you, or if you represent a company or other

More information

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language CALIFORNIA Strict Indemnity Language Contractor (Indemnitor) shall indemnify, defend, and hold harmless Authority, its officers, officials, employees, and volunteers from and against any and all liability,

More information

CONCERNS WITH THE LEAKED INTERNET CHAPTER OF ACTA

CONCERNS WITH THE LEAKED INTERNET CHAPTER OF ACTA CONCERNS WITH THE LEAKED INTERNET CHAPTER OF ACTA The U.S. proposal for an Internet chapter in the Anti-Counterfeiting Trade Agreement (ACTA) has been leaked to the press and widely disseminated on the

More information

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,

More information

Case 1:16-cv-05015-AT Document 1 Filed 06/27/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 1:16-cv-05015-AT Document 1 Filed 06/27/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case 1:16-cv-05015-AT Document 1 Filed 06/27/16 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WINDSTREAM SERVICES, LLC, ) ) Plaintiff, ) ) vs. ) Case No.: 1:16-cv-5015

More information

CERTIFICATE OF FORMATION EXAMPLE

CERTIFICATE OF FORMATION EXAMPLE CERTIFICATE OF FORMATION EXAMPLE PROVIDED BY JACKSON WALKER L.L.P. For additional information, contact: Stephanie Chandler schandler@jw.com (210) 978-7704 Lauren Prew lprew@jw.com (210) 978-7737 DISCLAIMER:

More information

Errors and Omissions Insurance. 1.0 Introduction and Definition

Errors and Omissions Insurance. 1.0 Introduction and Definition Errors and Omissions Insurance 1.0 Introduction and Definition 1.1 Under the terms of this policy the word employee means any trustee of the Board of Education, any employee of the Hicksville Board of

More information

About the Author Federal Jurisdiction Reform

About the Author Federal Jurisdiction Reform About the Author Federal Jurisdiction Reform Two Modest Proposals We begin by stating the obvious: Whether a case is litigated in federal court rather than state court can have a huge impact on both litigation

More information

Covered California. Terms and Conditions of Use

Covered California. Terms and Conditions of Use Terms and Conditions of Use Contents: Purpose Of This Agreement Privacy Policy Modification Of This Agreement Permission To Act On Your Behalf How We Identify You Registration Additional Terms For Products

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION

CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION CLAIMS AGAINST TRANSLATORS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker, LLP 150 E. 42

More information

What You Need to Know and What You Need to Do

What You Need to Know and What You Need to Do South Central Wisconsin MLS Corporation 4801 Forest Run Road, Suite 101 Madison, WI 53704 Phone (608) 240-2800 Fax (608) 240-2801 What You Need to Know and What You Need to Do A Real Estate Broker s Risk

More information

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings.

SMALL CLAIMS RULES. (d) Record of Proceedings. A record shall be made of all small claims court proceedings. SMALL CLAIMS RULES Rule 501. Scope and Purpose (a) How Known and Cited. These rules for the small claims division for the county court are additions to C.R.C.P. and shall be known and cited as the Colorado

More information

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

Viacom sues Google over YouTube video clips

Viacom sues Google over YouTube video clips 1 Viacom sues Google over YouTube video clips Google and Viacom headquarters. Viacom has feuded publicly with YouTube and its parent Google about the unauthorized posting of its programming online. 2 The

More information

i2 Virtual Office T&Cs

i2 Virtual Office T&Cs i2 Virtual Office T&Cs Terms of Service This Agreement, which governs the terms and conditions of your use of i2 Virtual Office services ( hereinafter referred to as the "Service" or" Services") provided

More information

Selected Text of the Fair Credit Reporting Act (15 U.S.C. 1681 1681v) With a special Focus on the Impact to Mortgage Lenders

Selected Text of the Fair Credit Reporting Act (15 U.S.C. 1681 1681v) With a special Focus on the Impact to Mortgage Lenders Selected Text of the Fair Credit Reporting Act (15 U.S.C. 1681 1681v) as Amended by the Fair and Accurate Credit Transactions Act of 2003 (Public Law No. 108-159) With a special Focus on the Impact to

More information

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION If you were injured or provided treatment for an injury and filed a claim under your Allstate Med Pay coverage, and were compensated in an amount

More information

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.

Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405. CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply

More information

PIRATES OF THE DIGITAL MILLENNIUM

PIRATES OF THE DIGITAL MILLENNIUM PIRATES OF THE DIGITAL MILLENNIUM By John Gantz and Jack B. Rochester Upper Saddle River, NJ, Financial Times Prentice Hall, 2005, ISBN0-13-246315-2 (Price $25.95) pp. 294. Reviewed by Rachel S. Leeds

More information

Jozii LLC WEBSITE TERMS OF SERVICE

Jozii LLC WEBSITE TERMS OF SERVICE Jozii LLC WEBSITE TERMS OF SERVICE 1. Acceptance of Terms. Welcome to Jozii. By using our Internet website, you indicate your unconditional acceptance of the following Terms of Service. Please read them

More information

U.S. Copyright Office. Second Comments on Alternative Dispute Resolution Mechanism. FR Doc. 2011-10 JOINT COMMENTS

U.S. Copyright Office. Second Comments on Alternative Dispute Resolution Mechanism. FR Doc. 2011-10 JOINT COMMENTS U.S. Copyright Office Second Comments on Alternative Dispute Resolution Mechanism FR Doc. 2011-10 JOINT COMMENTS of PPA: Professional Photographers of America SPS: Student Photographic Society David P.

More information

CHAPTER 172. C.56:11-28 Short title. 1. This act shall be known and may be cited as the "New Jersey Fair Credit Reporting Act."

CHAPTER 172. C.56:11-28 Short title. 1. This act shall be known and may be cited as the New Jersey Fair Credit Reporting Act. CHAPTER 172 AN ACT concerning consumer credit reports and supplementing Title 56 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.56:11-28 Short title.

More information

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims TRONOX TORT CLAIMS TRUST Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims Pursuant to Sections 3.4 and 3.5 of the Tronox Tort Claims Trust Distribution

More information

REVISITING DIRECTOR AND OFFICER INDEMNIFICATION: PROVISIONS IN THE NEW D.C. NONPROFIT ACT

REVISITING DIRECTOR AND OFFICER INDEMNIFICATION: PROVISIONS IN THE NEW D.C. NONPROFIT ACT Updated July 2015 REVISITING DIRECTOR AND OFFICER INDEMNIFICATION: PROVISIONS IN THE NEW D.C. NONPROFIT ACT 1. Initial Considerations The District of Columbia has recently modernized its statute dealing

More information

PROFESSIONAL/CONSULTING SERVICES AGREEMENT

PROFESSIONAL/CONSULTING SERVICES AGREEMENT This SERVICES AGREEMENT ( Agreement ) is entered into by and between the undersigned, ( Contractor ), (Social Security Number or Federal I.D. No.), located at and Texas Southern University ( TSU ), an

More information

Web Hosting Agreement & Terms

Web Hosting Agreement & Terms Web Hosting Agreement, Terms, Conditions, & Policies 1. General This agreement is between WEBSTAPLE LTD. (hereinafter referred to as Provider), and the on-line individual or entity (hereinafter referred

More information

CONTENT LICENSE & PHOTOGRAPER REPRENTATION AGREEMENT

CONTENT LICENSE & PHOTOGRAPER REPRENTATION AGREEMENT CONTENT LICENSE & PHOTOGRAPER REPRENTATION AGREEMENT This is a fairly lengthy document, and it contains many important provisions that affect your rights and obligations. By accepting this agreement, you

More information

WEB HOSTING AGREEMENT

WEB HOSTING AGREEMENT WEB HOSTING AGREEMENT This agreement is entered into as of the day of , BETWEEN WHEREAS TOTAL WEBSITE SOLUTIONS INC (hereafter known as Provider ) with its place of business for the

More information

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT

JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT JOHN DEERE DIFFERENTIAL CORRECTION SOFTWARE LICENSE AGREEMENT IMPORTANT -- READ CAREFULLY. THIS IS A LEGAL CONTRACT BETWEEN YOU AND JOHN DEERE SHARED SERVICES, INC., A CORPORATION HAVING A PRINCIPAL ADDRESS

More information

TO: ALL PERSONS AND BUSINESSES WITH A VERIZON.NET EMAIL ADDRESS

TO: ALL PERSONS AND BUSINESSES WITH A VERIZON.NET EMAIL ADDRESS TO: ALL PERSONS AND BUSINESSES WITH A VERIZON.NET EMAIL ADDRESS This Notice Is Given To Inform You Of The Proposed Settlement Of A Class Action. If The Settlement Is Approved By The Court, Certain Benefits

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART ONE: PREVENTION AND MITIGATION Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker,

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

Personal Property Title Insurance Owner s Policy (PPT-1)

Personal Property Title Insurance Owner s Policy (PPT-1) Personal Property Title Insurance (PPT-1) Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address

More information

PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS. House Bill 4 significantly impacted most areas of Texas Tort Law. In the

PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS. House Bill 4 significantly impacted most areas of Texas Tort Law. In the PASSIVE SELLER IMMUNITY FROM PRODUCT LIABILITY ACTIONS House Bill 4 significantly impacted most areas of Texas Tort Law. In the traditional products liability arena, tort reform affected three major changes:

More information

Representing Whistleblowers Nationwide

Representing Whistleblowers Nationwide Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

Web Site Development Agreement

Web Site Development Agreement Web Site Development Agreement 1. Parties; Effective Date. This Web Site Development Agreement ( Agreement ) is between Plug-N-Run, its affiliates, (including but not limited to USA Financial, USA Financial

More information

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association

MEMORANDUM. Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association MEMORANDUM TO: FROM: RE: Tim Cameron, Kim Chamberlain, Chris Killian Securities Industry and Financial Markets Association David R. Carpenter, Collin P. Wedel, Lauren A. McCray Liability of Municipal Members

More information

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Hoover v. Hi Tech Pharmacal Co., Inc. Case No. EDCV 13 00097 JGB (OPx) If you purchased a product manufactured by Hi Tech Pharmacal Co., Inc., called Nasal Ease

More information

MRMLS LISTING INFORMATION LICENSE AGREEMENT

MRMLS LISTING INFORMATION LICENSE AGREEMENT MRMLS LISTING INFORMATION LICENSE AGREEMENT (MRMLS data feed to Affiliated VOW Partner) This Listing Information License Agreement (the Agreement ) is made and entered into by and between MULTI REGIONAL

More information

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT

VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys Multiple Listing Service, Inc. VIRTUAL OFFICE WEBSITE LICENSE AGREEMENT Florida Keys MLS, Inc. 92410 Overseas Hwy, Ste. 11 Tavernier FL 33070 305-852-92940 305-852-0716 (fax) www.flexmls.com

More information

Trademark, Domain Name and Social Media Assignment and Transfer Agreement

Trademark, Domain Name and Social Media Assignment and Transfer Agreement Trademark, Domain Name and Social Media Assignment and Transfer Agreement This Domain Name and Social Media Assignment and Transfer Agreement ( Agreement ) dated as of, (the Effective Date ), is made by

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

CERTIFICATE OF FORMATION SAMPLE CHARITY

CERTIFICATE OF FORMATION SAMPLE CHARITY CERTIFICATE OF FORMATION OF SAMPLE CHARITY I, the undersigned natural person of the age of eighteen (18) years or more and a citizen of the State of Texas, acting as organizer of a corporation under the

More information

Social Media Campaign Rules. Official Rules for the Beefsteak Fast Good, LLC #howibeefsteak Campaign

Social Media Campaign Rules. Official Rules for the Beefsteak Fast Good, LLC #howibeefsteak Campaign Social Media Campaign Rules Official Rules for the Beefsteak Fast Good, LLC #howibeefsteak Campaign NO PURCHASE NECESSARY TO PARTICIPATE IN THE CAMPAIGN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING

More information

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD) Assistant General Counsel for Administration 301-415-1550

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD) Assistant General Counsel for Administration 301-415-1550 U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD) MD 7.1 TORT CLAIMS AGAINST THE UNITED STATES DT-10-06 Volume 7: Legal and Ethical Guidelines Approved By: Gregory B. Jaczko, Chairman Date Approved:

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

UCO Copyright Compliance Starting Point for Al Copyright Concerns: 1. Is the work Copyrighted? 2. Is the class traditional or Online?

UCO Copyright Compliance Starting Point for Al Copyright Concerns: 1. Is the work Copyrighted? 2. Is the class traditional or Online? UCO Copyright Compliance As members of the UCO community, all faculty and staff members are expected to comply with federal copyright law. Unauthorized use of copyrighted material is illegal and may result

More information

Independent Contractor Agreement (Long Form)

Independent Contractor Agreement (Long Form) Independent Contractor Agreement (Long Form) This Agreement is made between Babson College ("College"), a Massachusetts non-profit corporation with a principal place of business at 231 Forest Street, Babson

More information

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE

THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE THE IMPACT OF HIPAA ON PERSONAL INJURY PRACTICE JEFFREY B. McCLURE Andrews & Kurth L.L.P. Copyright 2003 by Jeffrey B. McClure; Andrews & Kurth State Bar of Texas 19 TH ANNUAL ADVANCED PERSONAL INJURY

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

TERMS OF USE & GENERAL PRIVACY POLICY

TERMS OF USE & GENERAL PRIVACY POLICY TERMS OF USE & GENERAL PRIVACY POLICY BETWEEN: MEDICAL ANSWERING SERVICES, LLC AND COMPANY NAME Medical Answering Services, LLC values your trust and our relationships with our clientele - so we take great

More information

DMCA WHATYOU NEEDTOKNOW

DMCA WHATYOU NEEDTOKNOW DMCA AGui det ot hedi gi t almi l l enni um Copyr i ghtac tf orbr oker s WHATYOU NEEDTOKNOW Thi sgui dei sf ori nf or ma onalpur pos esonl y, i ti snoti nt endedt obel egaladvi c e Executive Summary A

More information

Canada Canada Kanada. Report Q204. in the name of the Canadian Group by Alfred A. MACCHIONE and Steven B. GARLAND

Canada Canada Kanada. Report Q204. in the name of the Canadian Group by Alfred A. MACCHIONE and Steven B. GARLAND Canada Canada Kanada Report Q204 in the name of the Canadian Group by Alfred A. MACCHIONE and Steven B. GARLAND Liability for Contributory Infringement of IPRs Questions I) Analysis of current legislation

More information

Analysis & Solution for Indirect Infringing Liability. of Developers of P2P File Sharing Software

Analysis & Solution for Indirect Infringing Liability. of Developers of P2P File Sharing Software Analysis & Solution for Indirect Infringing Liability Ⅰ. Introduction of Developers of P2P File Sharing Software Fan Wen* Philips IP Academy Fudan University Law School P2P software is increasingly becoming

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS DALLAS DIVISION IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JPM NETWORKS, LLC, ) d/b/a KWIKBOOST ) ) Plaintiff, ) ) v. ) Civil Action No. ) 3:14-cv-1507 JCM FIRST VENTURE, LLC )

More information

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings

More information

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT . NEW YORK FALSE CLAIMS ACT New York State Finance Law Chapter 56. Of the Consolidated Laws Article XIII. New York False Claims Act 187. Short title This article shall be known and may be cited as the

More information

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation

Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP

More information

Global Guide to Competition Litigation Poland

Global Guide to Competition Litigation Poland Global Guide to Competition Litigation Poland 2012 Table of Contents Availability of private enforcement in respect of competition law infringements and jurisdiction... 1 Conduct of proceedings and costs...

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

Directors, Officers and Corporate Liability Insurance Coverage Section. This is a Claims Made Policy. Please read it carefully.

Directors, Officers and Corporate Liability Insurance Coverage Section. This is a Claims Made Policy. Please read it carefully. Directors, Officers and Corporate Liability Insurance Coverage Section This is a Claims Made Policy. Please read it carefully. CLAIMS MADE WARNING FOR POLICY NOTICE: THIS POLICY PROVIDES COVERAGE ON A

More information

Purchase Order Terms and Conditions

Purchase Order Terms and Conditions Purchase Order Terms and Conditions "Avanade" means Avanade Asia Pte Ltd (Company Registration No.: 20005969E), a company incorporated in Singapore, having its offices at 238A Thomson Road, #25-01 Novena

More information

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT

ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT ELKHART COUNTY BOARD OF REALTORS AND MULTIPLE LISTING SERVICE OF ELKHART COUNTY INC. VIRTUAL OFFICE WEBSITE (VOW) LICENSE AGREEMENT This License Agreement (the Agreement) is made and entered into between

More information

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted)

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil

More information

ELECTRONIC INDEPENDENT CONTRACTOR AGREEMENT INTRODUCTION

ELECTRONIC INDEPENDENT CONTRACTOR AGREEMENT INTRODUCTION INTRODUCTION This is an AGREEMENT between you and Field Solutions, LLC ( Field Solutions ) that defines the terms and conditions for Field Solutions to engage you to provide services to our customers as

More information

Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 FILED 2015 May-27 AM 10:35 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

More information

INDEPENDENT CONTRACTOR AGREEMENT

INDEPENDENT CONTRACTOR AGREEMENT INDEPENDENT CONTRACTOR AGREEMENT Contract Date:, 20 Brokerage Firm: ( Broker ) Address of Firm: Associate Broker/Salesperson: ( Associate ) 1. Broker, a licensed Michigan real estate broker, retains Associate,

More information

'Making Available' Cases Still Making Trouble

'Making Available' Cases Still Making Trouble Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com 'Making Available' Cases Still Making Trouble

More information

Case 1:12-cv-02429-ADS-AKT Document 88-1 Filed 12/16/13 Page 56 of 64 PageID #: 1018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

Case 1:12-cv-02429-ADS-AKT Document 88-1 Filed 12/16/13 Page 56 of 64 PageID #: 1018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK Case 1:12-cv-02429-ADS-AKT Document 88-1 Filed 12/16/13 Page 56 of 64 PageID #: 1018 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IN RE: SINUS BUSTER PRODUCTS CONSUMER LITIGATION Civil Action

More information

MALICIOUS PROSECTION

MALICIOUS PROSECTION MALICIOUS PROSECTION DALE JEFFERSON, Houston Martin, Disiere, Jefferson & Wisdom, L.L.P. State Bar of Texas CAUSES OF ACTION March 30-31, 2006 - Irving April 6-7, 2006 Houston CHAPTER 18 MALICIOUS

More information

Department, Board, Or Commission Author Bill Number

Department, Board, Or Commission Author Bill Number BILL ANALYSIS Department, Board, Or Commission Author Bill Number Franchise Tax Board Leno SB 467 SUBJECT Privacy/Electronic Communication/Warrants SUMMARY The bill would require the department to obtain

More information

Aruba Bank Online Terms of Agreement

Aruba Bank Online Terms of Agreement Aruba Bank Online Terms of Agreement By visiting, using and/or submitting information to Aruba Bank Online, you are accepting this Agreement of Terms of Use (this "Agreement") and our Privacy Policy (

More information