Features

Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'
A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.
Features

Second Circuit Interprets 'Executed By the Author' In Copyright Act's §203 Grant Termination Provision
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Features

Components of Legal Work On NFTs
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
Features

A Primer on Landlord Exculpatory Provisions In Leases
Keystone Specialty Services Co. v. Ebaugh Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Features

Trademark Oppositions and Coexistence Agreements
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
Features

The Connection Between Process Improvement, Project Management, and Pricing
Law firms must continuously review business and legal processes to operate and interact with less waste and costs and develop pricing models that address client needs while generating profits for the law firm. This is actually simple, but not easy to do.
Features

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit
Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?
Features

After Another Big Year, Law Firms Should Plan for Recession
Planning for the downturn in a clear, methodical way by investing the existing good fortune that most firms enjoy into strengthening your technical infrastructure, trimming expenses, and rethinking how administrative services are delivered to the attorneys.
Features

Preferred Equity In Peril?
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11 Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
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