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Fifth Circuit Supports Perpetual License as Remedy for Video-Game Dispute
Musical Composition Doesn’t Infringe Screenplay
Redigi Resales Case Factors Into Digital-Download Royalty Litigation Read More...

Tax Planning for Nonresident Alien Artists

The independent contractor nonresident alien (NRA) who has a high level of U.S. tax-related operating expenses may wish to consider the feasibility of obtaining a Central Withholding Agreement (CWA) or otherwise be saddled with 30% tax withholding on his or her gross fees. Read More...

Expected Impact of Supreme Court First-Sale Ruling

The U.S. Supreme Court’s recent ruling in Kirtsaeng v. John Wiley & Sons, that a legally obtained copyrighted work can be imported into the United States and resold without permission from the copyright owner, even if it was manufactured and sold overseas, has broad legal ramifications going forward, intellectual property attorneys say. Read More...

IP News

Highlights of the latest intellectual property news from around the country. Read More...

Supreme Court’s Kirtsaeng Decision Fuels ‘First Sale’ Debate

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in John Wiley & Sons Inc. v. Kirtsaeng and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States. Read More...

Myriad’s Oral Argument Before the Supreme Court

On April 15, 2013, the Supreme Court heard oral argument in Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office (hereinafter "Myriad"). The sole question before the Supreme Court, following its grant of certiorari on Nov. 30, 2012, is whether human genes are patent-eligible subject matter under 35 U.S.C. § 101. Read More...

Insurance Coverage for Cyber Attacks

Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies. Read More...

I’ll See You in the Agency!

This article briefly explores the underpinnings of the primary jurisdiction doctrine, highlights its use in product cases in 2012 and 2013, and considers the role primary jurisdiction may play in future consumer class action litigation and beyond. Read More...

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COMMERCIAL LEASING LAW & STRATEGY

What's in a Vanilla Box?

When negotiating a long-term lease, the landlord and the tenant should specifically agree upon the condition that the premises will be in at the time of delivery by the landlord to the tenant. Too often phrases such as "vanilla box," "warm vanilla box" and "as-is condition" are utilized by leasing representatives to describe generically the condition that the premises will be in at the time of delivery. However, the differences between what each party means by those terms can be dramatic. By specifically addressing the condition of the premises, landlords and tenants may avoid costly disputes once the lease has been executed and the landlord delivers the premises. This article addresses the terminology and the common pitfalls associated with the terms "vanilla box," "warm vanilla box" and "as-is condition."

THE MATRIMONIAL STRATEGIST

The False Promise of Parenting Coordination

In a three-part series in The Matrimonial Strategist (appearing in March, 2006, June, 2006, and March, 2007), Curtis Romanowski, a member of this newsletter’s Board of Editors, described and promoted parenting coordination “as a means for dealing with high conflict families involved in domestic relations proceedings before courts.” I applaud the efforts of those who have devoted significant time, energy, and, in some cases, funds, to trying to find ways in which to assist families in the difficult process of post-divorce adjustment, but parenting coordination has drawbacks that must be constructively addressed.

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