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Counsel Concerns
Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy<br>Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement
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Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i>, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
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Transformative Use Favored in Sports Video Game Case
In the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.
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Using Character Integrity Guidelines to Protect Franchise Characters
If you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.
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Trademark Issues
The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.
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Drug & Device News
Recent news of interest to you and your practice.
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e-Closings: When Convenience Creates Inconvenience ' and Complexity
Thanks to the Internet, e-closings (and traditional closings) have become quite streamlined. The most sophisticated deals are done in virtual deal rooms that allow multiple parties secure, controlled access to documents and procedures for signing the documents. But there is a definite negative impact.
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Hospital-Acquired Infections Are on the Rise
On Oct. 16, 2007, the Centers for Disease Control and Prevention (CDC), in Atlanta, issued a press release stating that, for the first time, Methicillin-resistant Staphylococcus auereus (MRSA) was killing more people than AIDS.
Features
Asserting the Attorney-Client Privilege in ERISA Cases
A spate of recent case law raises the question of which circumstances will enable advice rendered in benefits matters to be protected by the attorney-client privilege and the related work product doctrine.
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