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The U.S. Court of Appeals for the Ninth Circuit held that the district court erred in a "too mechanical" use of the "extrinsic" test by determining whether two song choruses were substantially similar through a measure-by-measure comparison of the melodies.
Game shows based on contestants giving answers to questions often use releases signed by contestants to build in leeway into how those questions may be structured. What if a question has a mostly correct, but not the absolutely correct, answer? In the case of the TV game show "Who Wants to Be a Millionaire," Richard Rosner, a contestant presented with this type of question, filed suit after he was eliminated from the show.
In September 2002, the author published an article in <i>Entertainment Law & Finance</i> titled "Examining Arguments in Controversy Over Webcasting Royalty Rates." Since then, there have been major new developments. New rates have been set, although the controversy regarding prices to be paid by small webcasters is still being challenged. This article, with Part II appearing next month, provides background on the new rates, explains how they work and offers an overview of this new medium.
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The importance of profitability levers is compelling, but readers who sense some haziness about the subject should note that different authors conceptualize the levers differently.
Features
With the legal landscape in constant flux ' including numerous high- and low- profile mergers, dissolutions and consolidations ' leaders of most law firms have been forced, willingly or no, to engage in some serious strategic thinking about their firm's future. For many firms, however, "thinking strategically" has failed to produce quality strategy.
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Your 50-attorney firm has been operating slightly under capacity; there is not enough work to keep all attorneys billing their standard hours. A prospect would like to engage the firm to handle all its litigation, which would mean a substantial number of guaranteed billable hours. Good news, right? This company, however, wants to negotiate a discounted rate and also wants specific partners to handle the work. Your initial instinct tells you to take on the work to keep the firm at maximum capacity. But will it be profitable in the long run? Should you take on the work? How can you decide?
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Partner compensation is invariably the topic of most interest in every law firm. It is also a topic that involves the most fervent debate and encompasses the most varied points of view.
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Starting in 2004, law firms have another option in attempting to mitigate rising health insurance costs. Recently enacted Health Savings Accounts (HSAs) offer law firms and their employees a tax favored vehicle to pay for medical expenses.