Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Read More › Features
DOMA Constitutionality Questioned in Same-Sex Marriage Case
Gina Passarella
The parties involved in a same-sex marriage dispute involving a deceased Cozen O'Connor partner and her profit-sharing plan continue to trade court filings and have now officially raised questions regarding the constitutionality of the federal Defense of Marriage Act and Pennsylvania's "mini DOMA."
Features
Negative Comments About an Employer May Still Be Protected
Mark N. Reinharz
In <i>MasTec Advanced Technologies</i>, the NLRB found that the criticism expressed by employees was concerted activity and thus protected activity under the National Labor Relations Act. Consequently, the employer's termination of the employees was deemed unlawful.
Features
Recharacterization: It's Not All About Equity or Insiders
Scott J. Friedman
&
Mark G. Douglas
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
Features
Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization
David Neier, Rolf S. Woolner
&
Myja K. Kjaer
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
Features
Increasing Speed and Confidence in Second Request Responses with New Technologies
David J. Laing
Responding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as "Second Requests") presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives.
Features
Taking Responsibility for the e-Discovery Process
Sophia Lee
&
Christine Soares
This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.
Features
Counsel Concerns
Stan Soocher
Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy<br>Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement
Features
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
Daniel C. Glazer
&
Daniel P. Ashe
As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i>, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
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