Features
Ex-Parte Interviews
Continuing last month's discussion of the appellate decisions in two cases concerned with the propriety of <i>ex-parte</i> physician interviews in the context of medical malpractice litigations.
Features
Right of Publicity Roundup
CHOICE OF DOMICILE<br>SINGLE PUBLICATION RULE<br>TRANSFORMATIVE USE DEFENSE
Features
Tactics for Seizing Rogue Web Sites
In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.
Features
Consideration of Potential Conflicts in <i>U.S. v. Clemens</i>
Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in <i>U.S. v. Clemens.</i> The indictment charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress.
Features
<b>Practice Notes: </b>Reality TV Shows Give Lawyers New Client Base
The rise of reality TV may have hurt the market for writers and actors, but it has provided an additional income stream for a select group of entertainment attorneys. One reason: union rules governing wages, breaks and time worked don't apply to reality shows. As a result, media companies can hire people who are happy, at least initially, to be on TV for little pay.
Features
<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image
Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.
Features
The Trials and Tribulations of Locating Expert Witness Talent
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify for e-commerce and other types of enterprises, or by hiring no experts.
Features
Copyright Claims to Images Posted on Twitter
If you are a technology or intellectual property lawyer and the phrase "social network" does not send chills up your spine, you aren't paying attention. The fundamental currency among users of social networking services is shared information; the greater the perceived value of the information, the higher the status of the user. Thus, social networks are an intellectual property minefield.
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