Month: April 2008

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Union Strikes, Hollywood Style

The Writers Guild of America recently made history by striking, and bringing a halt to the production of television shows in Hollywood.  The Writers Guild of America East and the Writers Guild of America West came together to gain rights in new media distribution of their work. [1]  This article will look at this instance of a union strike and discuss the law surrounding union strikes in the United States.

The Writers Guilds were predated by the Authors League of America, which was founded in 1912. [2]  This organization turned in the Screen Writers Guild in 1920. [3]  The Guild organized in response to cuts being made by movie studios to reduce the pay of writers and actors during the Great Depression. [4] In 1954, after many disagreements by the different writers groups within the Guild, the factions of television, movie and radio writers came together to form the Writers … Read the rest

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Wait ‘Til Next Year: When Will Comcast and The Big Ten Network Reach an Agreement?

I. Introduction

When the college footballs season kicks off in August, Midwestern
cable customers may finally get the chance to see what all the fuss
over the Big Ten Network (BTN) is about.  After over a year of tense
negotiations, published reports indicate that the BTN and Comcast are
nearing a deal to air the channel on the Midwest's largest cable
provider.[1]  Upon becoming the first conference to announce the
creation of its own cable station, the Big Ten counted on the appeal of
being able to guarantee its fans the ability to see nearly every game
played by conference teams.[2]  When negotiations commenced with
Midwest cable providers, however, Comcast and its competitors balked at
the BTN's high asking price and broad distribution demands.[3]  The
ensuing stalemate prevented most Midwest fans who do not have satellite
cable from viewing the much-anticipated Ohio State-Wisconsin football
game in November.[4]  Additionally, the Wisconsin-Indiana

… Read the rest
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Let Franchisees Decide to Arbitrate

I. Introduction

Franchises are a strong component of the U.S. economy.  In
2004, there were over 767,000 franchises in the United States which
contributed 9.8 million direct jobs to the economy. [1]  According to a
2002 study, half of the franchise agreements analyzed contained
arbitration clauses. [2]  With the passage of the Federal Arbitration
Act and subsequent court rulings, a policy favoring arbitration has
been established. [3]  In fact, most courts will enforce arbitration
clauses in a majority of the cases. [4]  In contrast to this trend,
both congressional legislation and court decisions have been seen to
back away from an unwavering support of pre-dispute arbitration. 
Should the courts and congress become more involved in the use of
arbitration in the context of a franchise relationship?

II. Benefits of Arbitration

There are many reasons that arbitration is one of the oldest
forms of dispute resolution [5] and a useful alternative

… Read the rest
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Evaluating E-Discovery Software Vendors: Important Questions to Ask

I.  Introduction
    Lawyers face many challenges in the litigation process.  Many of these challenges present themselves during the discovery process, which can be incredibly expensive. [1] With the ubiquitous nature of current technology, especially in the business world, the discovery rules have had to adapt.  New rules, the electronic discovery (“e-discovery”) rules, in the Federal Rules of Civil Procedure account for discovery of electronic documents. [2]  Attorneys have had to adjust to these new rules by learning a novel language, and familiarizing themselves with how to obtain such electronic information from their clients and what kinds of information to ask for from opposing counsel. [3]
    One way attorneys can adapt to these new rules and attempt to discover all relevant documents at a lower, efficient cost is to invest in e-discovery software.  Many different vendors, such as Attenex, have software specifically designed for attorneys and their … Read the rest

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Fannie Mae and Freddie Mac: Setting the Industry Standard

I. Introduction

After the six year housing boom ended in the summer of 2006, home sales and prices have fallen dramatically.[1]  Overall home sales in 2007 dropped 26.4% from 2006, making it the biggest drop since the Commerce Department began keeping track in 1963.[2]  New home sales fell 18.1% in 2006 and by the end of 2007, sales dropped 56.5% from July 2005's peak home sales.[3]  In 2007, new home sales dropped 26.4%: 32.2% in the West, 26.7% in the Midwest, and 26.3% in the South.[4]  Aside from lacking sales, in areas like Las Vegas and San Diego, more than 40% of home sales in recent months were related to foreclosures.[5]  Over the past couple of years, the number of forclosures increased, home building declined, the number of empty homes increased, and the domino effect is now spreading to other areas of consumer spending.[6]  With a depressed housing market, many

… Read the rest
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Fantasy or Reality? Major League Baseball Still Looking to Cash in on Fantasy Baseball

I. Introduction

      In fantasy sports leagues, fans draft current major
league players to create their own imaginary roster, with the success of each
team hinging on how each player performs throughout the season.[1] Internet sites such as Yahoo! and ESPN pay
several million dollars for the right to operate fantasy leagues.[2] Major
League Baseball (“MLB”), and St. Louis-based CBC Distribution and Marketing
Inc. (“CBC”) have been entangled in a legal dispute over whether MLB players’
names may be used in fantasy baseball leagues.[3] This dispute is noteworthy because the
fantasy sports industry generates over $1.5 billion dollars annually.[4] Should MLB prevail, they will hold exclusive
rights to players’ names and statistics and may withhold such, likely causing
fantasy baseball to be much less appealing to fans.[5] 

II.  Background

On August 8, 2006, a federal judge granted summary judgment to CBC and
denied summary judgment for MLB, stating that the baseball players’ … Read the rest