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Litigation

  • Aereomay turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.

    February 28, 2014J. Alexander Lawrence, David S. Brown
  • Food companies will be watching closely a Supreme Court case this spring that could establish the fate of private causes of action challenging food labeling. While the case focuses on federal law, it also has implications for state causes of action. In particular, the class action bar has been prolific in its challenges to food labels, and this case could affect the future viability of such actions.

    February 28, 2014Kyle-Beth Hilfer
  • It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.

    February 28, 2014William Michael Jr. and Laura Hammargren
  • An increasing amount of popular music lacks several traditional markers that courts use to determine whether one song is "substantially similar" to another. But can a sound texture be protected by copyright? This article provides a road map for lawyers and judges alike to navigate substantial similarity in non-traditional forms of music, with a particular focus on electronic music.

    February 28, 2014Michael R. Graif and Jason Gottlieb
  • Ninth Circuit Applies California Statute of Limitations to Legal Malpractice Suit by George Clinton Against Law Firm He Retained from Seattle
    State Restriction on Ability to File Suit Bars Claim over Concert Joint Venture

    February 28, 2014Stan Soocher
  • CKx Inc., the entertainment company that holds the rights to American Idol and other TV programs, and is involved in litigation over its acquisition by Apollo Global Management LLC, cannot order the challenging shareholder to accept the undisputed portion of the purchase price of its stock, the Delaware Court of Chancery ruled.

    February 28, 2014Jeff Mordock
  • Social media postings can be submitted as trial evidence as long as the party introducing the evidence can demonstrate to the judge that a jury could reasonably conclude the postings are authentic, the Delaware Supreme Court has ruled.

    February 28, 2014Jeff Mordock
  • The focus on proportionality in high-profile cases such as Apple v. Samsung, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.

    February 28, 2014Howard Edson and Dean Gaida
  • Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in "sweat equity." The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.

    February 28, 2014Dean Sappey
  • Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.

    February 28, 2014Alan R. Friedman