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A Look at Law That Restricts Non-Competes In Broadcasting
New York broadcast employees who otherwise have been subject to restrictive non-compete clauses in their employment contracts are the prime beneficiaries of the Broadcast Employees Freedom to Work Act, NY Labor Law '202-k, signed into law in 2008 by Governor David Paterson. The law forbids some, but not all, attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment. Similar legislation benefiting broadcast industry employees has been passed in Arizona, Illinois, Massachusetts, Maine and Washington, DC; and non-compete provisions are banned in California.
Restoring Copyrights Ruled Violation of First Amendment
The U.S. District Court for the District of Colorado granted summary judgment for a group of artists and businesses that challenged '514 of the Uruguay Round Agreements Act.
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New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks
Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.
Knock, Knock: Surprise, Opportunity's Here
Opportunity knocks when you least expect it ' but will it knock when the economy is in freefall and the legal profession is seeing some of its worst layoffs ever? Whether you're an e-commerce attorney, or engage in general practice, the economy can visit your firm ' whether a large partnership or a one-person shop ' and deal a blow. The answer: maybe, if you network!
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Boom, Boom, Boom
While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.
Who Should Monitor Online Counterfeiters?
Oral arguments will soon be heard by the U.S. Court of Appeals for the Second Circuit in the highly watched dispute between renowned jeweler Tiffany & Co. and eBay, the popular online auction site, over who bears the burden of "policing" online counterfeit activity. Evidencing the tension between e-commerce and brand owners, eBay, Tiffany and several amici curiae have advanced their positions to the circuit. This article summarizes some of the arguments.
e-Commerce and Canada
With a recession taking a chunk from some e-retailers' sales, U.S. entrepreneurs are looking to expand their e-sales base north of the border, onto Canadian consumers' computer screens. But reaching that wider shopper base can present problems, particularly when a Web retailer attempts cross-border transactions into Canada. Many retailers may be surprised to learn that a number of legal differences exist that can present thorny issues to even the smallest boutique U.S.-based Web site selling to customers who make their purchases online in Canada.
Features
Sonnenschein Improves Financial Analysis and Decision-Making
Having outgrown the labor-intensive ways of creating budgets and monitoring the firm's performance, we decided in early 2008 to update the financial planning and analysis processes with new technology solutions.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" BriberyAlthough the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.Read More ›