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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Ninth Circuit Finds No First Amendment Violation in Teacher's Demotion over Blog Comments Image

Ninth Circuit Finds No First Amendment Violation in Teacher's Demotion over Blog Comments

Tresa Baldas

Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it.

Features

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Cameo Clips

Stan Soocher

Copyright Preemption/Accounting Claims<br>Right of Publicity/Copyright Preemption<br>Right of Publicity/News Exception<br>Trademark Disputes/Infringement Defenses

Features

CA Supreme Court Considers Publicity Publication Rule Image

CA Supreme Court Considers Publicity Publication Rule

Mike McKee

Are labels on commercial products, which can be seen worldwide, synonymous to the pages of print publications, which can linger in public sight for days or years?

Features

Lawyers for Former Reznor Manager Must Hand over Client Documents Image

Lawyers for Former Reznor Manager Must Hand over Client Documents

Stan Soocher

The Court of Appeals of Ohio, Eighth District, affirmed an order to compel the production of documents from trademark lawyers for John Malm, former manager of musician Trent Reznor, for use in litigation between Malm and his counsel from an earlier suit that Reznor had filed against Malm.

Features

Legal Lessons Gleaned from Music Industry's High-Profile, File-Sharing Litigation Image

Legal Lessons Gleaned from Music Industry's High-Profile, File-Sharing Litigation

Stan Soocher

When the cash-strapped recording industry announced at the end of 2008 that it would largely drop its aggressive litigation campaign against unauthorized file sharers, some observers saw this as a defeat for record labels. But numerous court rulings have been issued over the past few years that debate and/or establish legal guidelines that will be referenced in file-sharer cases that are either still in the pipeline or may later crop up. This article examines some of the most recent of these cases and decisions.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

Key analysis and discussion of decisions you need to know.

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Discussion and analysis of recent rulings.

Features

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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Two Federal Courts Reject Medical Monitoring Class Actions Image

Two Federal Courts Reject Medical Monitoring Class Actions

Gregg Nunziata

Recently, two federal courts rejected certification in three putative "medical monitoring" class actions that were brought against E.I. DuPont de Nemours and Company in West Virginia and New Jersey. These are significant rulings in the still developing field of "medical monitoring," and indicate the limits of class certification based on medical monitoring theories of recovery

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This 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.
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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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