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Features

Using Social Media to Your Advantage in Litigation

Monica M. Moore

Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.

Features

Bit Parts

Stan Soocher

Eleventh Circuit Interprets "Licensed Indicia"<br>Humor Website Qualifies as "Internet Service Provider" <br>No Substantial Similarity Found Between Rap and R&amp;B Songs<br>Songwriter Royalties Aren't Immune from Attorney Fees Levy

Features

Unusual Challenges to Content in Film, TV Productions

Stan Soocher

Two recent court rulings ' one involving the movie <i>The Hangover: Part II</i> and the other the TV series <i>South Park</i> ' considered unusual issues in challenged uses of content in entertainment productions.

Supreme Court Issues Narrow Ruling in Vacating FCC Fines

Marcia Coyle & Tony Mauro

The Supreme Court unanimously threw out fines and sanctions against broadcasters who violated the FCC policy regulating curse words and nudity on broadcast television. But the justices declined to follow the U.S. Court of Appeals for the Second Circuit and issue a broad ruling on the constitutionality of the FCC indecency policy.

Features

Retired Players' Antitrust Claim Against NFL Is Dismissed

Amanda Bronstad

A federal judge dismissed an antitrust action brought on behalf of retired professional football players who accused the National Football League of monopolizing the market for DVDs, videos and films featuring the plaintiffs' names and likenesses.

Features

'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings

Jan Wolfe

In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character "Dora the Explorer." But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation.

Features

DMX Can Obtain Its Music Through Direct Licenses

Victor Li

After performing-rights organizations ASCAP and BMI lost royalty rate challenges against background music provider DMX Inc. in 2010, they turned to a pair of former U.S. solicitors general to handle their appeals. But all that appellate firepower wasn't enough to turn their fortunes around.

Recent Developments in Anti-SLAPP Cases for Determining Protected Activities

Edward E. Weiman

In the last three years, there have been a number of decisions issued by California courts on anti-SLAPP motions filed in response to lawsuits arising out of the publication and/or distribution of entertainment works.

e-Commerce Hits New Highs

Michael Lear-Olimpi

As the general economy slowly recuperates, e-commerce retailing is healthier than ever, according to government estimates.

I've Been Sued ' And I Feel Fine, Because I Was <i>Prepared</i>

Stanley P. Jaskiewicz

Going to court isn't just about winning ' it matters that you win at the least cost. You must, in the words of one client, try to avoid the "lawsuit hemorrhage" of fees and costs.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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