Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Read More ›
The Uncertainty of Patent Pleadings After Iqbal
Jose Villarreal
&
Aden Allen
The Supreme Court's recent Twombly and Iqbal decisions have placed in question the validity of Form 18 by reinterpreting the mandated minimal pleading standards required by Fed. R. Civ. P. 8. An additional question has arisen as to whether the protection afforded by Form 18 is equally applicable to claims of indirect infringement or infringement under the doctrine of equivalents.
Features
Ticketmaster Lead Counsel on Live Nation Merger Issues
Amanda Bronstad
The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.
Features
Cameo Clips
Stan Soocher
MUSIC COPYRIGHTS/INFRINGING 'WORKS'<br>TRADEMARK INFRINGEMENT/RECORD LABEL NAMES<br>TV COMPENSATION CLAIMS/FEDERAL PREEMPTION<br>VIDEOGAME DEVELOPMENT/INJUNCTIVE RELIEF
Features
Forum Selection Clause Applies To Merged TV Company
Stan Soocher
The U.S. District Court for the Southern District of New York decided that a forum selection clause in a television broadcast agreement applied to a company within which the original signatory broadcaster later was merged.
Features
Trademark Dilution: When 'Minimally Similar' May Be Similar Enough
Michael A. Bucci
In <i>Starbucks Corp. v. Wolfe's Borough Coffee, Inc.</i>, the Second Circuit rejected the district court's determination — based on pre-TDRA case law — that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could, in the proper case, suffice to support a claim.
Features
Expansion of Right of Publicity Continues To Create Tensions with First Amendment
William Sloan Coats
&
Jennifer P. Gossain
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Law Firms' Access to Client Reviews
Amy Miller
Outside counsel can now see what their in-house clients think of their job performance, according to the Association of Corporate Counsel's new law firm rating system.
Negotiating Cloud Computing Agreements
Michael P. Bennett
Though given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
Features
Alternative Fees
John F. Brown Jr.
The diversity of AFA approaches and objectives can divide consumers and providers of legal services, and magnify the law firm-client communication challenges presented by movement away from an entrenched business model.
The Timing and Substance of M&A Disclosures
Robert S. Reder, Peter B. Heller
&
Nicholas A. Venditto
Two recent decisions provide useful guidance concerning both the timing and substance of disclosures in the context of M&A activity.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- One Overlooked Element of Executive Safety: Data PrivacyExecutives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.Read More ›
- New York's Latest Cybersecurity CommitmentOn Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.Read More ›
- Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the OfficeA trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.Read More ›
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›