Currently viewing the tag: "negotiation"

At the onset of the current NFL lockout, I am rooting for the players. The details of the lockout make the NFL players look like oppressed blue-collar workers, and makes the NFL owners look like Uncle Scrooge. But I am worried.

In anticipation of the lockout, the National [...]

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Damage calculations are always lurking in the shadow of patent litigation. While damage calculations are very important, much of the focus in a patent infringement dispute is on proving infringement, after which the focus turns to damages. 35 U.S.C. § 284 provides that when infringement of a valid patent is determined, damages shall [...]

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As the collective bargaining agreement (CBA) between the National Football League (NFL) and the National Football League Players Association (NFLPA) expires today and the two sides continue to maneuver in anticipation of a lockout, the owners now will likely have to go to the mattresses with a slightly smaller war chest. And by slightly, I [...]

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Monday Morning JETLawg

On November 29, 2010 By JETLaw

In the news. . .

Warner Bros. pushes boundaries of trademark law by seeking to protect everything related to Harry Potter‘s “Quidditch,” including lingerie.

Television networks draw first blood against Filmon.com’s Internet streaming service for movies and television by getting temporary restraining order.

EMI seeks to bar non-profit legal rights group [...]

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Bargaining Power and Background Law

On December 16, 2009 By JETLaw

Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power [...]

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