Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Return of the Undead: Golan v. Holder and the Public Domain
Jonathan Moskin
A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.
Features
Ninth Circuit Amends Recent Decision
Brian Oubre
The U.S. Court of Appeals for the Ninth Circuit has issued an amended decision to retract <i>Du v. Allstate Ins. Co. et al.</i>, in which the court opined that, under California law, an insurer has a duty to promptly effectuate settlement when liability of its insured is reasonably clear, even absent a settlement demand by the claimant.
Features
<b><i>BREAKING NEWS:</b></i> Supreme Court to Hear Historic Same-Sex Marriage Cases
Marcia Coyle
Opening the door to a potentially historic step in the nation's gay rights movement, the U.S. Supreme Court on Nov. 7 agreed to decide two constitutional challenges involving same-sex marriage.
Features
IP News
Howard J. Shire
&
Joseph Mercadante
Highlights of the latest intellectual property news from around the country.
Features
Protecting Reality TV Formats
Michael I. Rudell
&
Neil J. Rosini
The nature of reality television programs is a relatively modern concern and — like reality itself — doesn't lend itself well to copyright protection.
Features
Contracting Away a Controversy: Nike v. Already LLC
Aaron Johnson
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
Features
Bit Parts
Stan Soocher
Second TV "Series Year" Can't Overlap with First Year in Determining Showrunner's Profit Participation<br>Song Copyrights Co-Owner Lil Wayne Not Affected By Prior Court Ruling Against His Co-Owners<br>World of Warcraft Extension Packs May Restart Single-Publication Period
Features
<i><b>Commentary</i> Lessons in Decision on Nash Bridges Actor Services Agreement</b>
Schuyler M. Moore
The recent decision in <i>Don Johnson Productions Inc. (DJP) v. Rysher Entertainment LLC</i> packed a punch on a number of important issues.
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