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Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback Image

Right-of-Publicity Amendments Extend Protections, But Marilyn Monroe LLC Suffers New Setback

Stan Soocher

Los Angeles entertainment attorney Robert A. Finkelstein accompanied Nancy Sinatra to Washington, DC, last summer for a U.S. Congressional hearing on a proposal for terrestrial radio stations to pay performance royalties to air sound recordings. Sinatra was a key artist-rights witness before the House Subcommittee on Courts, the Internet and Intellectual Property. Finkelstein praised a recent change in Washington state's right-of-publicity statute. The amendment, which took effect in June 2008, eliminated a personality's domicile as a bar to bringing a right-of-publicity suit.

Features

Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable Image

Non-employee Spouse Waivers of ERISA Plan Benefits Not Reliable

Thomas R. White

In an aging population, accumulations in employee retirement plans assume greater and greater importance. Nowhere is this more true than in divorce, when, for many couples, retirement savings represent the most significant part of their savings.

Features

Same-Sex Marriage: Survey on Policies Image

Same-Sex Marriage: Survey on Policies

Sherry Karabin

The start of same-sex marriages in California on June 16 made headlines across the country. However, it was not such a big deal for many U.S. companies. These businesses already give their gay and lesbian employees many of the same benefits that they provide to their married straight workers.

Features

Muniauction v. Thomson Image

Muniauction v. Thomson

John M. Cone

The <i>Muniauction v. Thomson</i> decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in <i>KSR Int'l Co. v. Teleflex, Inc.</i> and confirms the Federal Circuit's own decision on "joint or divided" infringement in <i>BMC Resources, Inc. v. Paymentech</i>.

Features

Lessons Learned from a Gum Licensing Agreement Image

Lessons Learned from a Gum Licensing Agreement

Daretia Austin

More than a decade after the license agreement between The Topps Company and Stani expired, the question of who owns the rights to manufacture and distribute the original Bazooka' bubble gum formula in South America is still unresolved.

Features

Section 79 Planning Opportunities Image

Section 79 Planning Opportunities

Lawrence L. Bell, Theodore J. Zouzounis & Stephen M. (Pete) Peterson

Closely held businesses produce over 50% of the Gross National Product ("GNP"). Less than 50% of these businesses have a continuation plan and almost one-third of these companies (29%) use a buy-sell arrangement to assist in their planning. Buy-Sell agreements are very simple tools that over the years have grown to meet increasing needs of closely held businesses.

Features

Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions Image

Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions

James T. McKeown

In track, a runner "jumps the gun" when he or she begins running before the gun has sounded. A similar concept occurs when two competing firms that have agreed to merge begin coordinating their activities or combining their distribution networks before the merger closes. Here is what merging firms can and cannot do before the gun sounds.

Features

Buyer's Brokers and the Duty of Loyalty Image

Buyer's Brokers and the Duty of Loyalty

Stewart E. Sterk

What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in <i>Rivkin v. Century 21 Teran Realty LLC</i>, the Second Circuit certified the question to the New York Court of Appeals. <i>Rivkin</i> answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

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