<b>Decision of Note</b> Copyright License From Less than All U.S. Owners Bars Claim of Foreign Infringement
The U.S. District Court for the District of Nevada decided ' in an ongoing dispute over the musical Jersey Boys ' that a license obtained from less than all the owners of a U.S. copyright is sufficient to defeat a claim for infringement of the work in a foreign country that itself requires permission from all the owners of the copyright for a license to be valid.
Features
Tax Issues in International Endorsement Deals for U.S. Entertainers and Athletes Working Abroad
As with many transactional entertainment and sports matters, there are a number of critical tax issues that bear upon the endorser's ultimate take-home pay. This topic divides neatly into U.S. persons working outside the U.S., and non-U.S. persons working inside the U.S. This article discusses U.S. persons working abroad.
The Global Impact of the EU's New Rules on Data Privacy
When Facebook began readying its IPO, the social network's S-1 regulatory filing to the Securities and Exchange Commission (SEC) ticked off a list of potential risk factors ' among them, global data privacy regulations that could impact the business.
Leveraging the Seventh Circuit e-Discovery Principles to Contain Litigation Costs
ESI discovery disputes have become protracted for one common reason: The parties do not sufficiently prepare for ESI discovery. Corporations have had to become more strategic about how they handle litigation, especially during the discovery phase, in order to manage this increasing expense. Properly employing the Seventh Circuit Electronic Discovery Principles, even if you're not in that jurisdiction, is one strategy that will help contain litigation costs.
Banner Holiday Retailing Shows Economy Is Improving, if Slowly
Who had a blue Christmas last year? Not retail e-commerce companies. Their holidays were decidedly green.
Online Search and the Law
Although U2's Bono praised the virtues of a constant search for the object of his desire in song, anyone looking online for needed business information certainly won't find that quest quite as romantic, or enjoy spending time and money for the privilege.
Features
Amended FRCP 26
Habitually filing <i>Daubert</i> motions for every opposing expert is not smart trial practice. Here's why.
Features
Court Restores $28 Million Punitives Award in HRT Case
The Pennsylvania Superior Court has restored the $28 million in punitive damages a Philadelphia jury awarded to an Illinois plaintiff who said drugmakers Wyeth and Pharmacia & Upjohn Inc. failed to warn her doctor of the risks of breast cancer from using hormonal drugs. The trial judge had reduced the punitive damages award to $1 million.
IP News
Highlights of the latest intellectual property news from around the country.
In re Construction Equipment
If the Federal Circuit affirms a lower court verdict holding a patent not invalid over a prior art reference, may the losing party ask the Patent Office to invalidate that patent via re-examination over the same prior art reference? In the case of <i>In re Construction Equipment</i>, the Federal Circuit answered yes, raising important issues bearing on the scope of the re-examination statute, the finality of judgments, and the relationship between the Patent Office and the federal judiciary under the separation of powers doctrine of the Constitution.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
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- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›