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March 2014

The Why’s of Exclusive Art Licensing Arrangements

March 25, 2014

In any contract negotiation, if the goal is to reach an agreement, both parties should consider the “why” of their positions. Contracts typically address the who, what, when, and where, but they rarely address the “why” in more than a perfunctory manner with a few broad “whereas” clauses. At the same time, when parties are stuck in their negotiations (either before they enter into a contract or during the contract), if they consider the “why” behind their positions, they are more likely to reach consensus.

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How to Avoid Legal Complaints about Consumer Contests

March 13, 2014

Consumers love sweepstakes, but they hate being deceived by illegal and false promises of prizes. Once again, the FTC has released its annual list of Top Consumer Complaint areas. In 2013, “Prizes, Sweepstakes and Lotteries” ranked sixth with 89,944 complaints. While the category fell from third place in 2011, the number of actual complaints remained similar, hovering near 100,000 complaints.

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