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Columns & Departments
In-depth analysis of key rulings.
Features
The April issue of <i>Entertainment Law & Finance</i> reported on a ruling by the U.S. Court of Appeals for the Ninth Circuit involving the Internet video <i> Innocence of Muslims.</i> That article discussed the court's "secret" takedown order and the court's view on copyright ownership of acting roles in movies. The article that follows provides further analysis of the copyright ownership issue in the case.
Features
After a bitterly contested four-day arbitration hearing in which attorney Bob represented the franchisor, the sole arbitrator awarded the claimant everything it had sought in this fight between franchisor and franchisee. It was a devastating loss for Bob and his client. However, there was good news as far as Bob was concerned. Why? The arbitrator did not explain the reasoning for her award.
Columns & Departments
Analysis of several key rulings.
Features
Until the Supreme Court's recent decision in <i>Lexmark International v. Static Control Components</i>, Inc., courts were divided regarding the proper test to determine whether a plaintiff has standing to bring a false advertising claim under 15 U.S.C. '1125(a). The Supreme Court resolved the circuit split by rejecting the previously applied standards, and created a new, uniform "zone of interests" test.
Columns & Departments
Copyright Infringement Damages Not Dischargeable in Bankruptcy <br>Verbal Partnership May Have Existed to Develop MSNBC's <i>The Ed Show</i>
Features
Earlier this year, former <i> Mob Wives</i> TV star Karen Gravano filed a right-of-publicity lawsuit against the makers of the <i>Grand Theft Auto V</i> video game, claiming they misappropriated her image and life story for a character in the popular video game. This case is one more in a string of recent cases raising a significant common question: To what extent does the law protect the rights of content creators to draw on real-life individuals and events to create expressive works?
Features
Making the judge happy will help you be more effective at trial. If you follow the rules and procedures, and help the trial run smoothly, the judge may listen to you better and credit your argument.
Features
The amount of data a company generates grows with each passing day. It is important to develop strategies to reduce the amount of data subject to discovery obligations while staying current with legal and technology trends. A strong partnership with a vendor and law firm using sophisticated data review and collection techniques is essential to navigating the discovery minefield in a cost-effective way that is also defensible and fully documented.
Features
Forum-selection clauses are commonly used in agreements for e-commerce websites. These clauses represent a very important risk management provision. On Dec. 3, 2013, in a 9-0 decision written by Justice Alito, the U.S. Supreme Court rendered a very significant ruling relating to the proper procedures for enforcing forum-selection clauses. In this article, we will discuss these procedures.