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Cutting-Edge Case Developments in Film and TV Law, New York City, May 26
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Bruce Lee T-Shirt Suit Transferred to New York<br>Infringement Suit Against Tim McGraw Remains Dismissed<br>No Summary Judgment in "I'll Fly Away" Copyright Termination Suit
Cameo Clips
ARBITRATION PROVISION/FORMER BAND MEMBERS<br>FILM DISTRIBUTION/ADVANCE REPAYMENTS
Features
Practice Tip: Failure-to-Warn Causation and The Learned Intermediary
In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.
Marvel Suit Update
Court Dismisses Suit By Shareholders of Stan Lee Media<br>Suit over Copyrights to Marvel Characters Can Proceed in NY
Features
D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'
Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.
Recent Class Certification Decisions Present New Opportunities and Challenges for Defendants
From a mass tort product liability defense perspective, the trend away from class certification is welcome news. However, any pronouncement that class actions are dead is premature.
Features
Sony Can't Enforce Agreement With EMI Executive
A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.
Features
NY Court Rules Film Securities Suit Against Paramount Lacks Viable Claim
The U.S. District Court for the Southern District of New York dismissed a securities suit brought by several investing financial institutions against Paramount Pictures.
Features
Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements
Fashion and apparel goods are an important source of branding opportunities for artists and celebrities. One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.
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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 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 ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.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 ›
- In the SpotlightOn 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 & 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.Read More ›
