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Features
Copyright Preemption/Accounting Claims<br>Right of Publicity/Copyright Preemption<br>Right of Publicity/News Exception<br>Trademark Disputes/Infringement Defenses
Features
When the cash-strapped recording industry announced at the end of 2008 that it would largely drop its aggressive litigation campaign against unauthorized file sharers, some observers saw this as a defeat for record labels. But numerous court rulings have been issued over the past few years that debate and/or establish legal guidelines that will be referenced in file-sharer cases that are either still in the pipeline or may later crop up. This article examines some of the most recent of these cases and decisions.
Features
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
Features
Here, tha authors continue to look at some of the rules of evidence that all family law attorneys should be aware of, even if they aren't called upon to use them as often as legal practitioners in other fields.
Features
Over a generation ago, few contested divorce actions involved claims of economic misconduct. As the current recession deepens, these claims are not only on the rise, but they appear to be the rule in many cases.
Features
Over the past several months, law firms have discharged both lawyers and staff in unprecedented numbers. Although it may be too early to assess whether these layoffs will result in significant legal fallout, law firms may make particularly attractive targets for lawsuits.
Features
Part One of this article, which ran in the May 2009, issue of this newsletter, discussed the differences between assignment and subletting and assignments pro tanto. Part Two herein explores some of the problems that can arise in a transaction involving assignment or subletting.
Features
This article addresses certain terms, provisions and concerns that should be covered in a tenant's lease transaction, which will not only be important if the landlord experiences financial difficulties, but will also assist the tenant if it should confront a difficult financial situation on its own account.