Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b>Counsel Concerns:</b> Fed Court Denies Client's Impleader Against Counsel
A magistrate for the U.S. District Court for the Central District of California decided that a copyright and trademark infringement defendant couldn't file an impleader action against his former lawyer for secondary or derivative liability. Zero Tolerance Entertainment Inc. v. Ferguson, CV 06-4132-RC. Zero Tolerance, a distributor of adult-oriented movies, sued Shaun Ferguson for publishing its content without authorization on Ferguson's Web site, adultsallowed.com. Ferguson stipulated to a permanent injunction at a court-supervised settlement conference at which he was represented by attorney Marc S. Colen.
After Tolerance later filed a supplemental complaint alleging that Ferguson “continued all of the infringing activities,” Ferguson filed a motion under Rule 14(a) of the Federal Rules of Civil Procedure for permission to file an impleader against his now-former attorney Colen. Ferguson claimed that Colen hadn't told him that he was violating the settlement agreement. Ferguson sought damages for Colen's alleged breach of contract, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, and a claim of professional negligence.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.