A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.
May 29, 2009Amanda Bronstad
Technology has entered the jury box. While the press has long reported on pending trials, bloggers ' or so-called "citizen journalists," some sitting in juries ' have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
May 29, 2009Richard Raysman and Peter BrownConcert Financing/Loan Guaranty
File-Sharing Suit/Abuse of Process Counterclaim
Song Infringement/Substantial Similarity Test
TV Program Pitches/Independent Creation DefenseMay 29, 2009Stan SoocherThe Court of Appeals of Wisconsin agreed with the Wisconsin Department of Revenue that concerts by the Milwaukee Symphony Orchestra (MSO) were "entertainment events" subject to a 5% state sales tax under Wis. Stat. '77.52(2)(a)(2).
May 29, 2009Stan SoocherBOOK PUBLISHING/PERSONAL JURISDICTION
COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY TEST
RIGHT OF PUBLICITY/UNLICENSED USESMay 29, 2009ALM Staff | Law Journal Newsletters |Malpractice Suit Continues over Manilow Musical
Malpractice Suit/Lack of SpecificityMay 29, 2009Stan SoocherA roundup of noteworthy entertainment law firm and attorney movement and news.
May 29, 2009Compiled from Incisive Media reportsValuation of a sponsorship opportunity is much more art than science and it is important that a lawyer involved in the negotiation of a sponsorship agreement understand how the various factors interrelate. While this article focuses on the factors affecting the valuation of a sponsorship opportunity with a NASCAR race team, most of the factors can be applied to sponsorship opportunities in other sports as well.
May 29, 2009Matthew B. EfirdWho's doing what; who's going where.
May 29, 2009ALM Staff | Law Journal Newsletters |Recent decisions have assaulted continuations on several fronts. Because of a new requirement to rescind claim scope disclaimers, it will be easier to avoid infringement of continuations, and because of strengthening enablement and written description requirements, more continuations will be invalidated on those grounds and on prior art grounds when priority claims are more easily broken. Consequently, care should be taken in the preparation and prosecution of any patent application claiming priority to another application.
May 29, 2009Jeffrey R. Kuester