Litigation

An in-depth analysis at a recent key ruling.

Highlights of the latest intellectual property news from around the country.

Alleging "Online" Distribution Not Enough to Establish Simultaneous International "Publication"
Expert Report on Value of "Bogart" Ruled Reliable

The U.S. Court of Appeals for the Ninth Circuit ruled that the heirs to Marilyn Monroe's estate did not inherit the rights to her publicity because she was a resident of New York, where such rights are not recognized posthumously.

For all employers, especially franchisors and franchisees who often utilize unique employment models, Concepcion and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.

Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.

In George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.

The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.