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Litigation

  • When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.

    November 02, 2015Judith L. Grubner
  • Franchisees and Dealers Should Plead Causation In Actions Against the Government
    Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State

    November 02, 2015Cynthia M. Klaus and Bryan Huntington
  • A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.

    October 02, 2015Ross Todd
  • Using Relativity to gather, review and produce documents in response to discovery requests has historically been its core use. However, one of the most effective ways in which Relativity can be creatively used by competent operators is as an Information Governance (IG) application.

    October 02, 2015Richard Lutkus and Tushar Vaidya
  • Twitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).

    October 02, 2015David Ruiz
  • The UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.

    October 02, 2015Andre Bywater and Gayle McFarlane
  • Attorney Fees Award to Victor Willis in Song Termination-Rights Litigation
    New York Federal Court Supports Descendibility of Lanham Act False Endorsement Claims

    October 02, 2015Stan Soocher
  • The long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.

    October 02, 2015Charles G. Miller