Google's Library Project and Book Search programs--its scanning and digitization of millions of literary works furnished by participating libraries-have created a controversy and ultimately class action litigation between Google and representatives of the author and publisher communities. The parties have structured a complex settlement, subject to court approval, to compensate authors and publishers for Google's past scanning and provide a use and related payment scheme for those who participate in Google's programs going forward. Read More > >

Many businesses rely heavily on the relationships its employees develop with key customers and contacts. Some businesses try to protect these relationships by asking key management-level employees to sign agreements not to work for a competitor for some reasonable period of time after leaving employment. But a recent Colorado Appeals Court decision may call into question the enforceability of many of these agreements. Read More > >

Contests and Sweepstakes are popular ways for organizations to generate excitement and publicity for their products. However, structuring legal Promotions is complicated-especially if the Promotion is conducted nationally or in more than one state. This is because Promotions are primarily governed by state laws which not only vary in content, but also are unpredictable in some respects. What's more, consequences for violations can be substantial. For example, within the past few years, the New York Attorney General collected $150,000 from a Mitsubishi car dealer as a result of the car dealer's scratch-off ticket promotion which the AG found deceptive. Also, a Massachusetts-based Sweepstakes company paid $400,000 in fines to settle charges brought by 19 states that its Sweepstakes solicitations were not truthful and accurate. Additional issues arise with Promotions conducted using digital media. Read More > >

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