Protecting Intellectual Property in a 'Flat' World
Just as airplanes made the world feel smaller geographically, globalization and the Internet have made it feel smaller economically. The Internet has so fundamentally changed the way people do business that it is difficult to remember the days, not too long ago, when similar trademarks could co-exist on similar products and services (if not always happily) in different regions of the country.
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The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Expand Your Confidentiality Clause
Confidentiality clauses are a common component of real estate management agreements, agency agreements, leases and many other agreements relating to commercial property. Nevertheless, they can leave parties with the uneasy feeling that comes from dealing with the unknown.
<b><i>In The Spotlight: </b></i>Strategies in Tenant Office Lease Renewal Negotiations
As tenants reconsider and update office space needs, it is imperative that they proactively develop a strong renewal/relocation negotiation strategy to maximize their future rights and benefits. Unfortunately, many tenants wait too long to focus on space needs and assume their lease will be renewed on reasonable terms. If a tenant waits until its notice period is upon it before it assesses its needs and develops a strategy or looks at the renewal rights in its current lease, it may become a 'captive tenant' forced to negotiate from a weakened position in the market.
Bit Parts
Copyright Renewal Rights/Unpublished Treatment<br>Right-of-Publicity/Newsworthiness and Incidental-Use Exceptions<br>Right-of-Publicity/Press Releases
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Cameo Clips
COPYRIGHT PREEMPTION/MISAPPROPRIATION CLAIM<br>COPYRIGHT TERMINATION/SUBSEQUENT ASSIGNMENT
Virtual Worlds Attract Lawyers
'Virtual Law,' as specialists call it, is not your father's law. And according to some aspiring lawyers, it is the next big thing. Of the 50 or so tech-savvy lawyers around the country conversant in the language of orcs, avatars and toons.
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Production Lawyer's Guide to Obtaining E&O Insurance, Preventing Litigation
Part One discussed what is and isn't covered by errors and omissions (E&O) insurance and examined general clearance guidelines for film and TV. Part Two continues the discussion with specific clearance procedures for production counsel to consider.
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<b><i>Decision of Note:</b></i> Artists Bid for Half Of Digital Income Is Dismissed
The U.S. District Court for the Southern District of New York dismissed a breach-of-contract, class-action suit by recording artists seeking 50% of net income from the licensing of their recordings for digital uses like downloads and ringtones.
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Legislation to Fight Global IP Piracy
To paraphrase a line from a favorite song, you don't always get what you want, but sometimes, you get what you need. The Recording Industry Association of America (RIAA) almost certainly did not get all that it wanted when the House of Representatives passed the Prioritizing Resources and Organization for Intellectual Property Act (Pro IP Act), H.R. 4279, in May. What remains to be seen is whether the RIAA and other proponents of the legislation will get what they claim to need ' or anything at all.
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MOST POPULAR STORIES
- 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 ›
- 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 ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
