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Litigation

  • On a blast-furnace of a day when normally chilly San Francisco hit 96 degrees, the California Supreme Court enhanced its reputation as a trail-blazing institution on May 15 by giving gays and lesbians the right to marry. 'The California Constitution,' Chief Justice Ronald George wrote in the 4-3 ruling, 'properly must be interpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples.'

    May 15, 2008Mike McKee
  • The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.

    April 29, 2008ALM Staff | Law Journal Newsletters |
  • Artist Consultant/Unfair-Competition Claim
    Insurance/Intra-Band Litigation
    Royalty Complaint/Ringtone and Download Licenses
    TV-Affiliation Agreements/Promotional Payments

    April 29, 2008Stan Soocher
  • CHARACTER RIGHTS/COPYRIGHT TERMINATION
    FILM PRODUCTION/COPYRIGHT CLAIMS
    FILM PRODUCTION/RIGHT-OF-PUBLICITY
    RIGHTS IN BAND NAMES/TRADEMARK CLAIMS

    April 29, 2008ALM Staff | Law Journal Newsletters |
  • A founding partner of one of L.A.'s few remaining litigation boutiques has jumped to Sheppard, Mullin, Richter & Hampton's Century City office. Entertainment litigator James Curry took his name off the door of White O'Connor Curry, a Century City firm that spun off of what is now Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in an acrimonious split more than a decade ago.

    April 29, 2008ALM Staff | Law Journal Newsletters |
  • A robust local film industry has kept American films on the margins in India. Foreign films account for only 3% of the market in India, compared to European countries, where American movies account for between 70% and 95% of films shown. So if the United States wants to make a point about film piracy in India, it needs to show Indians that piracy hits the market for their own films, not just those of foreign companies.

    April 29, 2008John Bringardner
  • When their 15 minutes of fame came, two Santa Barbara County prosecutors didn't shy away ' one authored a book based loosely on a rape case she was handling and the other consulted on a movie about an alleged killer he was trying to bring to justice. But their foray into the entertainment world went awry in October 2006 when a state appellate panel threw both prosecutors off their cases. Joyce Dudley's novel, 'Intoxicating Agent,' hewed far too close to her real-world rape case, the court held, while Ronald Zonen shouldn't have allowed producers of the movie 'Alpha Dog' access to highly sensitive files in his sensational death-penalty case. As a result, the court ruled, keeping the prosecutors on the cases would deny both criminal defendants a fair trial.

    April 29, 2008Mike McKee
  • More than 40 sanctions cases ' resulting in millions of dollars in fines ' have been decided in one year since revisions to the Federal Rules of Civil Procedure ('FRCP') took effect. In contrast, only two have been recorded under the Sarbanes-Oxley Act since it was put into place in 2002. The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information ('ESI') associated with litigation is preserved and protected, with a subset ultimately produced when required. While on the surface this may sound simple, those in the trenches on both sides ' legal and IT ' have war stories to tell of hard lessons learned. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.

    April 29, 2008Browning E. Marean