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Download Ruling May Raise Burden for Record Labels Image

Download Ruling May Raise Burden for Record Labels

Thomas B. Scheffey

Those who download music to their computers now have two unlikely heroes. One is Janet Bond Arterton, a federal judge who sits in New Haven, CT. The other is Christopher David Brennan, a young Waterford, CT, resident who, among other artists, has reportedly downloaded songs by Billy Joel and Hootie and the Blowfish.

Features

Practice Notes Image

Practice Notes

Kellie Schmitt & Petra Pasternak

Sonnenschein Team Leaves to Found MSK NY Office<br>TV-Company Deal Highlights U.S. Risk Allocation

Features

Fed Court Believes It Can't Consider Copyright Issue Image

Fed Court Believes It Can't Consider Copyright Issue

ALM Staff & Law Journal Newsletters

The U.S. District Court for the Central District of California ordered defendant Artisan Pictures to show cause why a suit against it for payment of film-acquisition rights shouldn't be remanded to state court. The federal court noted it 'likely lacks' subject matter jurisdiction over the declaratory suit, even though the case involves whether copyright claims over licenses for film music were time barred.

Features

Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract Image

Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract

Stan Soocher

Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.

April issue in PDF format Image

April issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Think You Know What Constitutes Good Cause? Image

Think You Know What Constitutes Good Cause?

Kevin C. McCormick

Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>

Features

DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough? Image

DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?

Marisa Hudson-Arney & Danielle Kitson

Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.

Features

The Broken Covenant: A Retrospective -- 'Partners for Life'? Image

The Broken Covenant: A Retrospective -- 'Partners for Life'?

Jeffrey A. Lowe

This article examines the "Partners for Life" covenant and several of the factors that led to its demise.

Features

How to Prepare for a Live Presentation Image

How to Prepare for a Live Presentation

Sally Rosenberg Romansky

Delivering a live presentation with impact demands a particular type of preparation, whether you are addressing a room of hundreds or a client's small executive team. This article provides advice on how to craft such presentations.

Features

Bringing Lateral Attorneys on Board: A Blueprint for Success Image

Bringing Lateral Attorneys on Board: A Blueprint for Success

Bruce Jackson

The lateral movement of attorneys between firms requires a well-defined and well-executed management program in order to maximize the benefits of the move to both sides. This article sets forth the key elements, all of which must be addressed in order to maximize the investment a law firm makes in the lateral and in order to achieve career satisfaction and retention of lateral attorneys.

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