Infringement Suit Against Tim McGraw Is Dismissed
The U.S. District Court for the Middle District of Tennessee granted a Rule 12(b)(6) motion to dismiss on the pleadings a copyright infringement suit against country artist Tim McGraw.
Talent Boutiques Challenged By Business Downturn
The recession has hit an entertainment law sector that has undergone considerable change during the past decade. Boutique law firms that represent most of the talent end of the entertainment business have multiplied amid the dissolution of some long-standing firms and the departure of top attorneys who struck out on their own.
Gaining Confidence in Alternative Billing
Firms that model matter planning scenarios provide their partners and business development staff with the crucial ability to gauge up front how different approaches to pricing and staffing will affect profitability. Modeling allows firms to make adjustments before making their bid ' and therefore price alternative billing arrangements with confidence.
IT is Dead; Long Live IT
There is an irony to IT in law firms: Firms spend so much time on issues like IT infrastructure and upgrade projects that they spend too little time using technology to improve how lawyers work. Law firms cannot achieve real value from their technology investments until they change this model.
Texas Legislature Passes Certificate of Title Bill Negating Effect of Clark Contracting Decision
On June 19 of this year, Texas Governor Rick Perry signed into law Senate Bill 1592, S.B.1592, 81st Leg., Reg. Sess. (Tex. 2009) ("SB1592"), bringing an end to an intensive five-month effort to negate the broader effects of a decision handed down by a bankruptcy court in the Western District of Texas in late 2008 relating to the perfected status of a lender on a loan purportedly secured by six equipment trucks.
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Case Briefs
Highlights of the latest insurance cases from around the country.
Insurance Coverage for Trademark Infringement Lawsuits
Standard liability insurance policies contain, in addition to the well-known bodily injury and property damage coverages, an often-forgotten section known as "advertising injury," which affords coverage that too many companies overlook.
Overlapping Coverage, Divergent Case Law
Overlapping insurance coverage raises complicated issues for insurers, insureds, and the courts. This article discusses certain tensions among New York cases discussing "other insurance" in the duty to defend context, as brought to the fore by two recent decisions of the First Department of the New York Supreme Court, Appellate Division.
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Insurers' Bad Faith Refusals
The Supreme Court of Georgia recently held in <i>Trinity Outdoor, LLC v. Central Mut. Ins. Co.</i> that an insured for which the insurer is providing a defense does not have a claim for an alleged bad faith failure to settle prior to the entry of an excess judgment.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- A Playbook for Disrupting Traditional CRMHere's the playbook for disruption: Take attorneys out of the equation. Stop building CRM that succeeds or fails on their shoulders. We need to shift the focus and, instead, build the technology from the ground up for the professionals who actually use it: marketing and business development.Read More ›
