Features

Supreme Court Forecloses Reimbursement for Certain Internal Investigations Under Mandatory Victims Restitution Act
In Lagos v. United States, the U.S. Supreme Court ruled that corporate victims of criminal offenses cannot recover expenses incurred from internal investigations that the federal government has neither requested nor required under the Mandatory Victims Restitution Act of 1996,
Features

Impact of EU's GDRP on Domain Registration
Since the GDPR's implementation, the “WHOIS” service by which the general public could search registration information, including names and contact info, has been largely in a state of flux. It's now even tougher to find information, attorneys who work with domain registration say, which could concern entertainment and intellectual property holders who want to go after infringing websites.
Features

COUNSEL CONCERNS: Federal Judge Scolds Both Sides' Lawyers In Labels/Spinrilla Copyright Dispute
A federal judge in Atlanta called out attorneys in a nationally watched copyright case for their role in an “an all-out, knock-down, drag-out fight between the '800-pound Gorilla' of the recording industry in one corner of the room vs. 'Spinrilla', the self-proclaimed '800-pound Gorilla of free hiphop mixtapes' in the other corner.”
Features

The Supreme Court's Criminal Law Decisions in 2018
<b><i>Part One of a Two-Part Article</b></i><p>The United States Supreme Court's October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — <i>Carpenter v. United States</i> — but there were several decisions that defense counsel would do well to study.
Features

Get It in Writing: Deducting False Claims Act Payments
In fiscal year 2017, the DOJ collected more than $3.7 billion dollars from False Claims Act (FCA) cases — part of the $86 billion it has collected from FCA cases since 1986. States and municipalities are aggressively pursuing FCA recoveries as well. Whether or not such payments are deductible as business expenses under the Internal Revenue Code is an important consideration when negotiating a settlement with the government.
Features

New York State's Latest Ticket Sales Reforms
The majority of these recent amendments become effective on Dec. 28, 2018. Many of these reforms appear to be in direct response to concerns expressed in 2016 by the New York Attorney General (NYAG), yet the changes do not appear to be as sweeping as the NYAG had sought.
Features

'Shell Game' Gets Away From Commercial Lease Guarantor
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Features

Usher Song Credit Suit Outcome; Suit Over Led Zeppelin Song Gets Retrial
A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with. And the copyright case against Led Zeppelin by the band Spirit over "Stairway to Heaven" will return for an encore after the U.S. Court of Appeals for the Ninth Circuit called for a retrial.
Features

Debtor v. UST: The Battleground Over Retention of a Chief Restructuring Officer
The battle over retaining a chief restructuring officer, which the United States Trustee has traditionally not objected to, is heating up.
Features

Alleging the Existence of a Trade Secret in a Misappropriation Case
<b><i>The Detail Dilemma</b></i><p>How much detail does it take to allege a trade secret under federal pleadings standards? Can the alleged trade secret be described generally in the complaint or must it be described in detail? This article analyzes the various considerations that inform a court's viewpoint on the issue. Lawyers who litigate trade secret cases should be well-aware of these considerations.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted WorkCopyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›