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Bit Parts

Stan Soocher

Essence of the Ninth Circuit's Decision in the “Blurred Lines” Copyright Infringement Case<br>Trademark Cancellation Claim Can't Proceed Against Marilyn Monroe Brand Manager

Columns & Departments

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Case Notes

ssalkin

Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

Features

Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs Image

Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs

Steven C. Russo & Evan Preminger

The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.

Features

New Federal Tax Act Gives New Life, and Twists, to Treatment of Film, TV and Stage Productions Image

New Federal Tax Act Gives New Life, and Twists, to Treatment of Film, TV and Stage Productions

Thomas D. Selz & Bernard C. Topper Jr.

Section 181 of the IRC has provided benefits to both producers of movies and television programs and — under pass-through legal structures such as limited liability companies — to their investors. Now, with the enactment of the sweeping new federal tax law, §181 has been given new life, with a couple of additional benefits and a couple of additional twists.

Features

Decision of Note: TV Reality Show Release Overrides Objection Clause Image

Decision of Note: TV Reality Show Release Overrides Objection Clause

Stan Soocher

The U.S. District Court for the Southern District of New York upheld a release clause signed by an entertainment attorney who appeared in WE network's reality TV show Money. Power. Respect.

Features

Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens Image

Supreme Court Asked, Again, to Weigh In on Data Breach Standing as Circuit Split Widens

Craig A. Newman & Jonathan Hatch

CareFirst, a large health care company involved in a data breach case, asked the U.S. Supreme Court to weigh in on whether victims can establish Article III standing to sue for the risk of future identity theft. The Court denied the request, leaving intact a recent district court holding that consumers could successfully plead such a claim issue — and leaving a split among the federal appellate courts.

Features

Compliance Officers: Law Enforcement Partners or Targets? Image

Compliance Officers: Law Enforcement Partners or Targets?

Jonathan B. New & Patrick T. Campbell

<b><i>Part One of a Two-Part Article</b></i><p>Part One of this article examines key actions brought by U.S. regulators against compliance officers in 2017 based on their failures to ensure that their firms maintain effective compliance and AML programs.

Features

How Ticket Software Lost Trade Secret Protection Image

How Ticket Software Lost Trade Secret Protection

Richard Raysman & Peter Brown

According to a recent case from the U.S. District Court for the Southern District of New York involving live-event ticket sales, a purported holder of a trade secret cannot omit a confidentiality provision from its terms of use and then claim trade secret status afterward.

Features

Smart Contracts and Blockchain Image

Smart Contracts and Blockchain

Paige M. Boshell

As the entertainment industry continues to assess digital blockchain-distribution technology for tracking transactions, it's essential to consider the legal implications for smart-contracting and contract management.

Features

Gone, But Not Forgotten: Evidence from the Archived Internet Image

Gone, But Not Forgotten: Evidence from the Archived Internet

Robert J. Anello & Jane E. Bobet

As useful as evidence from the archived Internet can be in many white collar trials, admitting it into evidence is not always a straightforward proposition, as a number of recent cases show.

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