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Names, addresses, Social Security Numbers, and various types of financial information are among the most common casualties in a growing number of data security breaches at leading organizations across the country. It seems that every week, a new corporate data security breach involving the loss or disclosure of personal information is reported in the media. This is a phenomenon that does not discriminate: It touches all businesses, whether retailers, information brokers, financial institutions, universities, or healthcare companies. And thanks to a relatively recent California privacy law requiring that affected individuals be notified of the breach, the press eventually tolls the bell for all to hear. <br>With each revelation, calls have increased for government investigations and new state and federal legislation.
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The Tennessee Court of Appeals, at Nashville, ruled that a manager may proceed with a suit to enforce a deal memo between the manager and an artist.
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A Manhattan Supreme Court decided that a law firm that unsuccessfully defended singer Michael Bolton, his music publisher and record company in a copyright infringement suit may proceed with a contribution claim against Bolton's personal law firm arising from a malpractice suit by Bolton against the litigators.
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Recent developments in entertainment law. <p>This month: <br>Actors/Moral Clauses<br>Copyright Infringement/Laches<br>Copyright Litigation/Effect of French Suit<br>Marketing-Promotion Consultants/Personal Jurisdiction<br>TV Program Licenses/Termination
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Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Ringtones funneled $3.5 billion into music-industry coffers last year, and insiders say they may account for 25% of music sales by the end of 2006, thanks to millions of consumers paying $3 for 25-second versions of songs ' when a full-length version of a hit can be purchased for just 99 cents on a digital music store such as Apple Computer's iTunes. <br>Even more mind-boggling is the disarray this suddenly popular technology has caused, as lawyers for music publishers, record labels, performance-rights organizations, re-cording artists, ringtone vendors and others in the music industry struggle to determine how laws that govern the sales of its products apply to ringtones. Recording companies and publishers have always argued about money, and now they have intellectual-property ambiguities and a gigantic new revenue stream to fight over. Publishers, historically the industry's stepchild, may have the upper hand this time.
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Given the ever-increasing expense of filmmaking in the United States, and particularly in California, many filmmakers have looked for alternatives to the traditional Hollywood-based production. While this trend originally was for smaller-budget and independent films, more and more producers and large studios have sought alternate locations in which to film. While certain U.S. states like Hawaii, New Mexico and New York provide tax incentives and other ancillary location benefits, these states haven't generally been as successful in luring so called "runaway production" as have countries with incentives that may be available.
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When faced with a transaction in which the arbitration of potential future disputes would offer advantages over court litigation or other forms of dispute resolution, a critical first step is to create a workable, enforceable arbitration agreement. In most instances, this agreement will be the "arbitration clause" included in the contract. A poorly drafted arbitration clause can create time-consuming and costly delays to the arbitration process. Arbitration agreements must be drafted carefully, and expert advice should be sought on all but the most straightforward two-party, single-contract cases.
In its zeal to eradicate perceived abuses and further clip the wings of executives who, based on press reports, took great pleasure in using the company's airplane for personal purposes, Congress amended section 274(e)(2) of the Internal Revenue Code (the Code). Effective on the date of enactment (Oct. 22, 2004), these amendments effectively reversed the decisions of the Tax Court and Eighth Circuit in <i>Sutherland Lumber-Southwest, Inc. v. Commissioner</i>, and prompted the IRS to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
