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Counsel Concerns Image

Counsel Concerns

Stan Soocher

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 Image

Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations

Daniel C. Glazer & Daniel P. Ashe

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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What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

Features

Transformative Use Favored in Sports Video Game Case Image

Transformative Use Favored in Sports Video Game Case

Stan Soocher

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.

Features

Using Character Integrity Guidelines to Protect Franchise Characters Image

Using Character Integrity Guidelines to Protect Franchise Characters

Mark Stankevich

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.

Features

Trademark Issues Image

Trademark Issues

Douglas M. Mansfield & J. Todd Kennard

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

ALM Staff & Law Journal Newsletters

Recent news of interest to you and your practice.

Features

e-Closings: When Convenience Creates Inconvenience ' and Complexity Image

e-Closings: When Convenience Creates Inconvenience ' and Complexity

Stanley P. Jaskiewicz

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.

Features

Hospital-Acquired Infections Are on the Rise Image

Hospital-Acquired Infections Are on the Rise

Brandon A. Swartz

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 Image

Asserting the Attorney-Client Privilege in ERISA Cases

Marcia S. Wagner

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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