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Features

Four Keys to Litigation Technology Innovation in the Next Five Years Image

Four Keys to Litigation Technology Innovation in the Next Five Years

Steven Ashbacher

Electronic discovery is a complex business that requires continuous professional learning from litigation team members and ongoing innovation from technology solution providers. To help stimulate discussion and drive innovation, The Legal Innovation 2020 Working Group was formed at the beginning of 2015 in order to help legal-industry leaders identify the keys to success over the next five years.

Features

Second Circuit 'Affirms Fair Use Image

Second Circuit 'Affirms Fair Use

Robert J. Bernstein & Robert W. Clarida

On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.

Features

Safe Harbor for Service Providers under the Anticybersquatting Act Image

Safe Harbor for Service Providers under the Anticybersquatting Act

Gerald M. Levine

GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

New York Federal Court Dismisses Copyright Plaintiff's Suit Against Former Lawyers<br>Nicollette Sheridan's Retaliation Claim in L.A. Superior Court Needn't First Be Filed with California Labor Commissioner

Features

Damages In Design Patent Infringement Cases Image

Damages In Design Patent Infringement Cases

Matthew Siegal & Adam Sapper

The successful plaintiff in a design patent infringement case is entitled to recover the greater of the defendant's profits or its own damages, regardless of how the jury desires to apportion the award. Thus, in <i>Nordock, Inc. v. Systems Inc.,</i> the Federal Circuit ordered a new damages trial on the grounds that the amount of defendant's profits assessed by the jury was not supported by the evidence or in accordance with the law.

Features

Designs on Cheerleader Uniforms Can Be Copyrighted Image

Designs on Cheerleader Uniforms Can Be Copyrighted

Judith L. Grubner

When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.

Columns & Departments

Court Watch Image

Court Watch

Cynthia M. Klaus & Bryan Huntington

Franchisees and Dealers Should Plead Causation In Actions Against the Government <br>Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home State

Features

<b><i>Online Extra:</b></i> Judge Tosses $7.3M Award, Grants New Trial in Lady Gaga Case Image

<b><i>Online Extra:</b></i> Judge Tosses $7.3M Award, Grants New Trial in Lady Gaga Case

Charles Toutant

The producer credited with launching the career of Lady Gaga has been granted a new trial after he was ordered to pay $7.3 million to a talent scout who introduced him to the singer.

Features

'Happy Birthday' Case Built on Prof.'s Article Image

'Happy Birthday' Case Built on Prof.'s Article

Ross Todd

A federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Analysis of a ruling out of Georgia.

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