ALI-ABA
Select sections from the Principles of the Law of Software Contracts (76 pp) (relevancy score: 100%)
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from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
Software upgrades and replacement software MMMMMMMMMMMMM 31 Reporters' Notes MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 32 1.08 Scope; Mixed Transfers Including Non-Embedded Software MMMMM 34 Comment: MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 34 a. ScopeMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 84 Reporters' Notes MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM 85 1.13 Choice of Law in Standard-...
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Warranties, Indemnities and Remedies in the Principles of the Law of Software Contracts: When to “Throw the Book at ‘em” (6 pp) (relevancy score: 100%)
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Helen H. Richardson, Esquire
from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
78 Warranties, Indemnities and Remedies in the Principles of the Law of Software Contracts: When to "Throw the Book at `em" Helen H. Richardson1 Counsel, Canon USA, Inc. hhrlegal@aol.com INTRODUCTION/SCOPE NOTE This section examines the portions of Chapters 3 and 4 of the Principles dealing with warranties, indemnities and remedies available to transferors and transferees of software. Additionally, Section 3.04(b) requires transferors who provide or select hardware and software to warrant ...
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Protecting and Licensing Software: Copyright and Common Law Contract Considerations (24 pp) (relevancy score: 100%)
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from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
This Outline discusses the basic protections afforded to software developers (and to the general public/end users) of computer software programs under the copyright law. I. Copyright Protection for Computer Programs The Copyright Act provides that "copyright protection subsists ... Copyright protection was first extended to computer software programs on the recommendation of the National Commission on New Technology Uses of copyrighted works ("CONTU") which in 1979 recommended that software...
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Copyright Basics - Additional Materials (6 pp) (relevancy score: 100%)
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Roberta Jacobs-Meadway, Esquire
from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
106 107 108 109 110 Document Outline a. Copyright Basics - Additional Materials 4. a.
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U.S. Copyright Office Form TX - Additional Materials (4 pp) (relevancy score: 100%)
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Roberta Jacobs-Meadway, Esquire
from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
112 113 114 2 Document Outline b. U.S. Copyright Office Form TX - Additional Materials 5. b.
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Principles of the Law of Software Contracts and Copyright: An Overview - Additional Materials (6 pp) (relevancy score: 100%)
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Roberta Jacobs-Meadway, Esquire
from Demystifying Software Contracts: ALI's New Principles—"By the Book" and in Industry Practice (September 8, 2010)
116 Principles of the Law of Software Contracts and Copyright: An Overview By Roberta Jacobs-Meadway Basic contract principles can modify and supersede rights accorded by copyright. 9. The License Must Not Restrict Other Software The license must not place restrictions on other software that is distributed along with the licensed software. 84 Tulane Law Review ALI-ABA 09/07/2010 STATE MCLE CONTACTS Alabama Delaware Indiana Minnesota Ms. Angela Parks Ms. Margot Millar Ms. Julie Orzeske Ms. ...
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Mezzanine Loans: The Vagaries Of Membership Interest Collateral (8 pp) (relevancy score: 100%)
by Norman M. Powell and James D. Prendergast
from the The Practical Real Estate Lawyer Vol. 26 No. 5
Rath-er, the Delaware LLC Act carefully distinguishes among what are here termed Economic Rights, Delaware law Control Rights, and the status of being a member Delaware law distinguishes Economic Rights, (Member Status). For example, an LLC agreement neither Economic Rights nor Control Rights. These restrictions apply to Economic Rights, Con- Delaware LLC Act §18101(11). Consider the trol Rights, and Member Status.
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Real World Document Drafting®: Materials for Confidentiality Webcast (70 pp) (relevancy score: 100%)
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Marvin Garfinkel
from Real World Document Drafting®: Drafting Confidentiality Provisions and Non-Disclosure Agreements (August 12, 2010)
25 3.4.6 Federal Freedom of Information Act (FIA) Use of the Term "Trade Secret" and "Confidential Information" .................................................. 46 6.6 Limitations Upon Disclosure of Confidential Information by Persons Receiving Confidential Information from Recipient. This may be critical in a company's seeking to qualify particular information as a trade secret.12 To be particularly helpful, the employee confidentiality agreement may specify types of information as ...
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Real World Document Drafting®: Confidentiality Slide Presentation (28 pp) (relevancy score: 100%)
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Marvin Garfinkel
from Real World Document Drafting®: Drafting Confidentiality Provisions and Non-Disclosure Agreements (August 12, 2010)
© 2010 Marvin Garfinkel 33 Real World Document Drafting 8-12-2010 Web Cast - Confidentiality Agreements (c) 2010 By Marvin Garfinkel 11 84 Outline - Drafting and Negotiating Confidentiality Provisions Definition of Term "Confidential Information"Oral disclosuresExclusions Limitations on disclosure by recipient of Confidential Information Limitation on use by recipient of confidential Information Issues to be considered by lawyer in drafting Confidentiality provisions © 2010 Marvin Garfinkel ...
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Dodd-Frank Act and the New Regulatory Regime for Derivatives (68 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
S la o a g s n n te in la u in n e te n ink k o U g n d e e ility s w d g u b tio x o na a n re la a a r th ta y e b a f th e le n e r c b e s b l s te tra lig o d b a n a , a th , o th e ia ta ry o e ritie id u lic c y n ith , to rs n e c u ts d p a itie ta n tio s w u c u e p r S a m n d e iz a rie d titu itie to o fin tio f s n e e l o p n s s re ly a tiv u c to o le th , a in c e rg th n n o y d tiv ra ro s , c d o e m a b d ts n e itio s n d rie te n o n s rs tity te a c , p te e u s c o...
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Reconciliation: A Summary Scorecard on Regulatory Reform (Part I) (6 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
The House and Senate bills principally differed in the scope of the reforms contemplated--the House bill focused mainly on compensation issues with a few governance provisions included as well, while the Senate bill contemplated much more wide-ranging governance changes. The risk retention exemption in the Senate bill for "qualified residential mortgages" was eliminated in the Conference Committee bill. Capital Requirements Both the House bill and the Senate bill imposed stricter risk-based...
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Reconciliation: A Summary Scorecard on Regulatory Reform (Part II) (4 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
Volcker Rule The House bill did not contain Volcker Rule provisions, although it did contain certain limitations on permitted activities (for example, the House bill permitted a ban on proprietary trading that poses systemic risk). Lincoln Provision (or the "Swaps Push-Out" Provision) Section 716 of the Senate bill, which was fiercely supported by Senator Lincoln, contained an absolute prohibition on the provision of Federal assistance to swaps entities such as swap dealers, major swap ...
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More on Regulatory Reform (6 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
However, if a nonbank financial company engages any permitted activities (i.e., any of the activities that a banking entity is permitted to engage in), the capital requirements or quantitative limits applied to the nonbank financial company for those activities will be the same as those applied to banking entities engaging in such permitted activities. Bank entities and nonbank financial companies will have two years after the effective date (or two years after the date on which the entity ...
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The Dodd-Frank Act: A Cheat Sheet (30 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
Derivatives Regulation 1 Unless otherwise specified, for convenience we refer to swaps and security-based swaps as "swaps," swap dealers and security-based swap dealers as "swap dealers," and major swap participants and major security-based swap participants as "major swap participants" or "MSPs." FX swaps and to any "swaps entity" (i.e., swap dealers FX forwards qualify as swaps, unless and non-bank major swap participants, or the Secretary of the Treasury determines MSPs). The CFTC will ...
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Letter from Senators Christopher Dodd and Blanche Lincoln to House of Representatives’ Barney Frank and Colin Peterson, June 30, 2010 (6 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
116 117 118 119 120 2 Document Outline Letter from Senators Christopher Dodd and Blanche Lincoln to House of Representatives? Barney Frank and Colin Peterson, June 30, 2010 6. Letter from Senators Christopher Dodd and Blanche Lincoln to House of Representatives? Barney Frank and Colin Peterson, June 30, 2010
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Excerpts from The Congressional Record, July 15, 2010, Colloquy on Legislative Intent for Financial Reform Legislation (14 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
122 123 124 125 126 127 128 129 130 131 132 133 134 Document Outline Excerpts from The Congressional Record, July 15, 2010, Colloquy on Legislative Intent for Financial Reform Legislation 7. Excerpts from The Congressional Record, July 15, 2010, Colloquy on Legislative Intent for Financial Reform Legislation
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House Approves Conference Report on Dodd-Frank Wall Street Reform and Consumer Protection Act (4 pp) (relevancy score: 100%)
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from New Regulation for Derivatives (July 22, 2010)
To access the full update prepared by Sidley Austin LLP lawyers, please use the following link: http://www.sidley.com/sidleyupdates/Detail.aspx?news=4479 ALI-ABA 05/27/2010 STATE MCLE CONTACTS Alabama Delaware Indiana Minnesota Ms. Angela Parks Ms. Margot Millar Ms. Julie Orzeske Ms. Liz Vanderbeek Director of Regulatory Programs Executive Director Executive Director CLE Administrator Alabama State Bar Commission on CLE of the Supreme Indiana Supreme Court Minnesota Board of CLE 415 Dexter ...
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Business Franchise Laws (handout) (8 pp) (relevancy score: 100%)
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Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)
Other substantive restrictions may include: New Jersey: Limitations on adding franchisees in same area Value of franchisee's business Freedom of franchisees to form For alcohol beverages, all licensees associations can be barred from purchasing from Limitations on requiring purchases supplier form franchisor Limitations on price increases without notice Providing Providing ©2009 Andre R. Jaglom ©2009 Andre R. Jaglom All rights reserved Solutions® All rights reserved Solutions® ...
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The Distribution Contract: Drafting Issues (handout) (8 pp) (relevancy score: 100%)
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Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)
Compensation on termination Providing Providing © 2009 Andre R. Jaglom Solutions® © 2009 Andre R. Jaglom Solutions® All rights reserved All rights reserved Supplier Duties Liability Advertising/Promotional SupportTraining Warranties Terms: Price, Quantity, Credit, Indemnification Delivery (UCC? Avoidance of franchise laws Privacy policy Providing Providing © 2009 Andre R. Jaglom Solutions® © 2009 Andre R. Jaglom Solutions® All rights reserved All rights reserved Arbitration Arbitration ...
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Distribution and Marketing on the Internet: Current Developments (handout) (8 pp) (relevancy score: 100%)
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Andre R. Jaglom, Esquire
from Product Distribution and Marketing (June 2, 2010)
Providing Providing © 2010 Andre R Jaglom © 2010 Andre R Jaglom All rights reserved Solutions® All rights reserved Solutions® Jurisdiction in U.S. Jurisdiction in U.S. Numerous cases hold Web site is not enough Minimum contacts with state Some find jurisdiction based on Web site · "Effects" Test? Information) Providing Providing © 2010 Andre R Jaglom © 2010 Andre R Jaglom All rights reserved Solutions® All rights reserved Solutions® 1 1118 Regulated Businesses Caveat Communicator...
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