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Fresh Filings
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"
Features

Digital Advertising: Customer Confusion and Trademark Infringement
In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.
Features

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Columns & Departments
Co-ops and Condominiums
Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
Features

Efforts to Provide Out-of-State Abortion Travel Benefits Face Rapidly Shifting Legal Landscape
Employment attorneys say the breadth of new state laws — and the pace at which they are going into effect — means in-house counsel at companies trying to create workarounds for employees in states with restrictive abortion laws by providing benefits that would allow them to travel out-of-state to access abortion services will need to be on high alert, since keeping up on top of the laws will be key to limiting their exposure to litigation — or even criminal penalties.
Features

Amending the Law Firm Partnership Agreement
Many law firms with a written agreement stick it in a drawer, rarely read it, and do not amend it. Failing to amend the agreement can cause harm to the firm and its partners.
Features

Second Circuit Insulates Innocent Friend from Corporate Debtor's Fraudulent Transfer Liability
The defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.
Features

Regulatory Compliance and Investor Demand for Transparency Driving ESG Efforts
Regulatory considerations and investor demand for transparency are increasingly important drivers behind Environmental, Social and Governance (ESG) disclosure and reporting frameworks, according to a report issued by The CRE Finance Council (CREFC) based on responses from its members.
Features

6 Risks Affecting Cybersecurity for Law Firms
We are all "custodians of data." Law firms specifically are stewards of some of the most sensitive information stored and shared; a fact that doesn't elude nefarious cybercriminal syndicates. Below are some of the top cybersecurity risks affecting law firms.
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- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
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- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›