Backlash Gains Steam over Suits in D.C. Federal Court Against Film Sharers
Civil rights and consumer organizations are backing Time Warner Cable's federal court effort to block subpoenas for the names and addresses of thousands of individuals who allegedly downloaded movies illegally. The subpoenas are the result of a litigation campaign by US Copyright Group, a Washington, DC-based venture launched by the intellectual property law boutique, Dunlap, Grubb & Weaver.
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Counsel Concerns
Ninth Circuit Upholds Sanctions Against Copyright Lawyer<br>Attorney Fees Awarded To Prevailing Defendants in Memorabilia Case<br>Manatt Petitions CA Supreme Court over Ruling Against Firm
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New Ninth Circuit Rulings on Implied-Contract Claims Provide Guidance for Idea-Submission Cases
In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. <i>Grosso v. Miramax Film Corp.</i> The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited <i>Grosso</i>. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
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News Briefs
Highlights of the latest franchisig newsw from around the country.
Court Watch
Highlights of the latest franchising cases from around the country.
Txt2Win and Mobile Promos
Advertisers and marketers taking advantage of text messaging to promote ' such as motivating consumers to buy products or services, or enter a contest or sweepstakes ' should clear efforts with experienced counsel. Unlike with commercial e-mails, text messages may cost consumers, and commercial texts require a recipient's express, specific, advance notice and consent, and could convert a sweepstakes into an illegal lottery.
Concerns for Licensees of e-Commerce Software In Cross-Border Bankruptcies
Insolvency of a multinational corporation with U.S. and foreign assets brings the prospect of complex bankruptcy. A recent case illustrates some concerns a licensee of e-commerce-related software and other intellectual property could have when a foreign licensor files for bankruptcy outside the United States.
Online Board Games
Nostalgia for board games whose outcome meant nothing more than bragging rights and an opportunity to have fun made the online versions top hits in the dawn of the Internet era. Today, the children who once played those games ' and their parents ' have grown up and done serious, responsible things, like forming e-commerce companies. Unfortunately, many of them are still playing board games when they fail to see the benefits of having a traditional board of directors, but they're now playing a game with much more potentially serious consequences.
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The New Legal Workplace
The speed and shape of the American economic recovery is a matter of great debate. What is not up for speculation is the dramatic effect the downturn had on all businesses, including the legal industry. Workers and managers alike are struggling to figure out what will be expected from them in the coming business quarters, and how to deliver on these expectations. Here are three highlights for legal professionals which just may make the difference between being in the black or in the red.
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MOST POPULAR STORIES
- 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 ›
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- 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 ›
- ITC General Exclusion Orders Targeting All Importers Are On the RiseIn recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.Read More ›
