Litigation

First the copyright infringement case over the use of Abbott and Costello's "Who's on First" routine in a Broadway play was dismissed by a New York federal judge. Then it rounded the U.S. Court of Appeals for the Second Circuit, but was tagged out again. Now, in its third at bat, the lawsuit struck out with the U.S. Supreme Court declining to review the case.

Part Three of a Three-Part Article

Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.

While social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.

Although TC Heartland LLC v. Kraft Foods answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

A discussion of a case in which the United States Supreme Court faced a claim by the City of Miami that two banks had violated the federal Fair Housing Act by issuing loans to black and Latino customers on terms less favorable than loans issued to similarly situated customers who were white and non-Latino.

Much can be learned about the entertainment industry by comparing how those who perform services or license rights in their works are compensated under agreements to which they are a party. Some compensation in those agreements is fixed and essentially guaranteed, such as advances and flat fees. Other types, which are the subjects of this article, are contingent.

Analysis of three recent decisions from the Delaware Court of Chancery that provide useful legal insights for corporate executives and those who counsel them.

Anti-SLAPP Legislation and the Defamation Claim

Part Two of a Two-Part Article

In last month's newsletter, we began discussion of a defamation claim brought against two attorneys who took to the airwaves to publicize their client's complaints against a hospital and its owner. The defendants in that matter sought redress for what they claimed were untrue, and very unflattering, statements, but the attorneys moved for dismissal of the claims. We continue here with the court's reasons for granting the attorneys' motion.