Features
Second Circuit Clarifies ADA Obligations
What building modifications trigger an obligation to comply with the accessibility requirements of the Americans with Disabilities Act (ADA)? The Second Circuit addressed that question in <i>Roberts v. Royal Atlantic Corp.</i> and reached a number of important conclusions.
Features
Practice Tip: Foreign Statutes of Limitations
When you file a suit on behalf of an out-of-state plaintiff, the state in which you file may have a borrowing statute. This type of statute usually prevents forum shopping by requiring the out-of-state plaintiff to file his case in the forum state within the statute of limitations permitted by his home state. Following is an analysis of this situation.
Features
Wyeth v. Levine
One of the great dramas playing in the theater of American jurisprudence is the epic struggle that roils pharmaceutical labeling. Simply put, the labeling issue confronting the Supreme Court this term is: Who decides the adequacy of drug labeling ' the FDA or a jury of plaintiff's peers?
Features
Ethical Issues of the 21st Century
In Part One of this article, the authors covered ethical issues relating to e-mail. In Part Two below, they discuss ethical issues related to e-discovery and social networking and blogs.
Leadership Development Programs
Leadership competencies are critical for lawyers on many fronts. While leadership is not taught in law school, many firms have begun to implement formal leadership development programs. Here's how to do it.
Should Your Partnership Agreement Require Mandatory, Binding Arbitration?
Many partner disputes are resolved informally through discussions with firm management. However, many firms do not have a formal internal grievance procedure for partnership-related matters. What happens when the dispute cannot be amicably resolved? Is litigation the sole solution?
A Discussion on Partner Capital
In a July issue of The National Law Journal, there was a lead article titled, "Firms Ask Partners to Pony Up." That article sparked questions from clients of our firm, Altman Weil, Inc., regarding law firm capital structures. This article pulls together a number of the issues we have been dealing with recently.
Bit Parts
Book Publishing/Personal Jurisdiction<br>Copyrights/Wills and Estates<br>Film Tax Shelters/Disclosures to Investor
Features
Cameo Clips
COPYRIGHT INFRINGEMENT/BANKRUPTCY DISCHARGE<br>COPYRIGHT INFRINGEMENT/TV SHOW TREATMENT<br>COPYRIGHT INFRINGEMENT/VENUE TRANSFER
Features
License to Merge: Precautions for Preserving IP License Rights
Despite a long history of case law relating to mergers, one area remains unclear, especially in the entertainment industry: the effect of mergers on intellectual property licensing agreements. Recent case law contributes to this uncertainty and suggests that certain precautions may be necessary to preserve valuable IP licensing rights. Importantly, entertainment companies should anticipate these issues from the outset and careful consideration should be given when first negotiating a license agreement.
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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 ›
- "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 ›
- Guidelines for the Role of Therapist for Court-Involved FamiliesAn in-depth look at Guidelines for Court-Involved Therapy, recently promulgated by The Association of Family and Conciliation Courts(AFCC).Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›