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Performers' Names/Trademarks; Right of Publicity/Descendibility; Talent Agencies Act/Arbitration Clauses; Talent Agencies Act/Severability; Taxation/Film Manufacturing
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A recent decision by the Michigan Supreme Court has provided more clarity about how a state court is likely to rule in asbestos cases alleging third-party liability. States appear to be looking more to the nature of the relationship between the plaintiff and the defendant.
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Recent cases in e-commerce law and in the e-commerce industry.
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As most e-discovery vendors will happily tell you, 99% of all new business information is being created and stored electronically, and an estimated 60 billion e-mail messages are sent daily in the U.S. Sifting through all this data in a meaningful manner requires strategic thinking. On one hand, parties have an obligation ' and courts have created incentives ' to be fully forthcoming on electronic discovery requests. On the other hand, processing and reviewing data collected from hundreds of desktops and servers can become very expensive. During the e-discovery search process, even the most strategic keyword selections can leave a lot to be desired. Even case-specific terms may generate a lot of hits, but it may also produce more false positives than relevant material. Creating a strategic plan for data filtering through a well-researched selection of keywords and file types helps to ensure efficiencies in cost, time and resources, while generating fully forthcoming materials.
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A Minnesota woman was found guilty oif illegally downloading music onto her computer -- to the tune of $222,000, a jury decided in federal court in Duluth on Oct. 4.
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News about lawyers and law firms in the product liability field.
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Highlights of the latest commercial leasing cases from around the country.
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On July 31, 2007, the Appellate Division of the New Jersey Superior Court affirmed the forum non conveniens dismissal of pharmaceutical product liability claims filed by 95 UK plaintiffs in In re Vioxx Litigation, Docket No. A-1731-06T1. The case involved allegations asserting personal injury claims allegedly caused by defendant Merck & Co., Inc.'s anti-inflammatory medicine, Vioxx'. This is a noteworthy forum non conveniens decision that could well have ramifications outside of New Jersey, particularly in other mass tort situations.
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Tension concerning the duty-of-care standard has continually mounted as courts have wrestled with the scope of the waiver of the attorney-client and work-product privileges when litigants asserted an advice-of-counsel defense. More recently, several district courts extended the waiver to trial counsel, further presenting considerable obstacles when defending a claim of willful infringement. It is in this environment that the Federal Circuit decided, sua sponte, that it should reconsider the duty-of-care standard and the waiver issues associated with the advice-of-counsel defense.
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As discussed in detail in this two-part series, the final rule places a number of restrictions on various aspects of patent practice. This first installment examines the final rule as it relates to continued examination filings.