Features
SPECIAL ISSUE: Same-Sex Marriage: Federal and State--DOMA and Proposition 8 Move Closer to the Supreme Court
Within a matter of days in late spring, U.S. Courts of Appeals on opposite sides of the country rendered decisions that have set the stage for the same-sex marriage issue to reach the Supreme Court. Will the Court agree to review DOMA and Proposition 8 in its new term?
U.S. Cybersecurity's Path from Legislative Debate to Executive Action
That some action is needed in the realm of cybersecurity is the one thing beyond debate. Over the last year, supporters of various versions of legislation have emphasized that the nation's critical infrastructure ' including electrical grids, water stations and telecommunications systems ' is a target for cyber-attacks.
Upcoming Event
Texas Bar 22d Annual Entertainment Law Institute<br>Austin, TX, October 25-26
Bit Parts
Film Budgets Subject to Public Disclosure<br>"Stronger" Similarities Not Strong Enough to be Infringing<br>Sublicense for U.S. Song Remains Valid in Russia<br>Talent Agent Experience Helps Establish Foundation as Expert on Personal Management Post-Term Commissions
Long Road in China to Protect Cartoon Trademark
Despite its high rate of piracy, the strengthening of intellectual property laws in China has given some hope to owners of trademarks from other countries. The instructive article that follows documents the many twists and turns involved in in seeking to protect the trademark for a Japanese cartoon in China.
Features
Costs of Cashless Transactions Raise Conflicts Between Franchises, Card Issuers, Banks
For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly "cashless" economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.
Features
A Primer on Insurance Coverage for Live Events
Even if a concert venue carries liability insurance to cover the scheduled performance, it is important for the musical group to carry its own liability and property insurance. And because cancellations, postponements, and the inability of the performer to take the stage also often occur due to unforeseen circumstances, those with a financial stake in the live event could also benefit greatly through the purchase of event cancellation and/or non-appearance insurance.
The Attorney-Client Privilege
Because in-house counsel may be involved in giving advice on many issues that are more business-oriented rather than legal, conversations in which in-house counsel is a participant ' as well as documents addressed to or from in-house counsel ' are readily susceptible to discovery.
No Fair Use in Mag's Publication of Marriage Photos of Singer
To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case <i>Monge v. Maya Magazines</i> read "like a telenovela, a Spanish soap opera." McKeown wrote that the Spanish-language gossip magazine <i>TVNotas</i> violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.
Features
China Opportunities for U.S. Entertainment Industry Still Saddled with Government and 'Copycat' Hurdles
<i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher traveled to China over the summer to teach the course 'American Music Goes to Court' at the International College of Beijing. He reports here, in a two-part series, on the state of entertainment industry issues in China, as U.S. companies try to expand their reach there. Part One covers the current state of copyright law in China and discusses TV and film concerns.
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
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
