Features
Proposed COPPA Amendments Address Geolocation, Behavioral Ads
This article discusses COPPA generally, recent enforcement actions, and the issues surrounding the proposed amendments to the COPPA regulations, including whether COPPA's definition of "personal information" should be expanded to cover geolocation and behavioral advertising data, and what new methods of parental notice should be adopted.
Facebook Persists In PA Family Law Cases
As trial lawyers continue to test the discoverability of information on Facebook without guidance from an appellate court, family law practitioners are reporting that it's becoming a near rarity for a case to get through family court without use of the social media giant, or some other form of online networking, coming into play.
Maryland Introduces Bills to Protect Students' Social Media Privacy Rights
The State of Maryland is leading the way nationally to protect the social media privacy rights of students. Since students have the right to engage or not engage with their coaches, school employees, etc., offline, they should also have this same right online.
Counsel Concerns
MALPRACTICE CLAIMS/CONFLICTS OF INTEREST<br>RETAINER AGREEMENTS/NOTICE-AND-CURE CLAUSES
Features
Bit Parts
Independent Creation Testimony Defeats Rap Riff Copyright Claim<br>Right to Percentage 'Equal to' Label's Net Receipts Doesn't Support Conversion Claim in Creedence Clearwater Digital Royalties Suit<br>'Substantial Value' Allegation in Implied Contract Case Not Enough to Meet $75,000 Amount in Controversy for Federal Subject Matter Jurisdiction
Co-Creator Sues for Accounting of Income from <i>Walking Dead</i> Television Series
Comic book artist Tony Moore has sued Robert Kirkman, an executive producer of The Walking Dead TV series, claiming he was tricked into signing a 2005 agreement and has been denied an accounting to determine his share of the show's profits.
Screenplay Plaintiffs Can Proceed Against Production Co., But Not Film Distributor
Two brothers who assert that their copyrighted screenplay The Last Samurai was stolen to make the 2003 film of the same name can go to trial against the production company and its principals, but not distributor Warner Bros. Entertainment or writer John Logan, a federal judge has ruled.
Features
Limits of CDA Immunity For Claims Based on User-Generated Content
This article concentrates on the scope of CDA immunity advertisers and entertainment companies that operate UGC campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
<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.
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MOST POPULAR STORIES
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- 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 ›
