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Features
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Features
In <i>ASM Capital, LP v. Ames Department Stores, Inc.</i> the Second Circuit Court of Appeals (the "Second Circuit") held that ' 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
Features
A Boston software developer is suing the now-defunct social media site ConnectU, its founders, its law firm, Washington-based Finnegan, Henderson, Farabow, Garrett & Dunner, and Scott Mosko, a Palo Alto, CA, partner at the firm, for allegedly cutting him out of Facebook's $65 million settlement with ConnectU's founders.
Features
A federal appeals court has reinstated an antitrust suit alleging price fixing by Sony BMG Music Entertainment and other producers, licensors and distributors of music on the Internet.
Features
As the nation's first case involving criminal prosecutions of teenagers for "sexting" made its way to a federal appeals court in Philadelphia, all three judges seemed skeptical of the prosecutor's claim that child pornography laws are violated when a teen transmits a nude image of herself.
Features
Film Studio Wins Tax Credit Case<br>One-Second Sample Isn't Automatic Copyright Infringement<br>"Sham Affidavit" Rule Applied in Memorabilia Suit
Features
The U.S. District Court for the Southern District of California denied a motion to exclude the expert testimony of a witness who has worked in advertising and celebrity endorsements for more than three decades.
Features
As a young associate at McManis Faulkner & Morgan, Eric Sidebotham was put in charge of a $4-$6 million gaming dispute between a Silicon Valley executive and a New Jersey casino. Little did he know then that the negotiation skills and casino-related expert witness contacts he picked up at McManis Faulkner would help keep his own two-lawyer firm afloat through one of the deepest recessions in recent memory.
Features
A <i>Star Trek</i> fan who claims he was humiliated after spending more than $24,000 on fake props at a Christie's auction has had his $7 million suit against the auction house zapped by the New York Appellate Division, 1st Department.
Features
The U.S. District Court for the Southern District of California determined, in a case transferred to it from a New York federal court, that the New York court properly exercised jurisdiction over California defendants, who had hired the plaintiff, a New York lawyer, for entertainment matters.
