Features

Eighth Circuit Expands Its Copyright Law Jurisprudence
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.
Features

New AI Suit By Authors Against Anthropic
A new class action filed on behalf of several authors alleges that artificial intelligence startup Anthropic committed "brazen infringement" by using "hundreds of thousands" of copyrighted books to train "Claude," its flagship collection of large language models.
Features

Conducting Internal Investigations When Parent Is a Foreign Company
What criteria should the foreign parent organization use to select counsel in the United States to conduct the independent internal investigation?
Features

IRS Seeks to Regulate Partnership Basis Adjustments
The proposed regulations would disallow basis adjustments in many non-abusive scenarios where those basis adjustments are necessary to achieve tax results that correspond to economic reality.
Features

Bankruptcy Court Creates Potential Loophole for Cannabis Businesses Seeking Ch. 7 Protection
With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.
Features

5 Ways Small and Midsize Law Firms Can Win More Pitches (and Improve Realization Rates)
Smaller law firms can significantly increase their chances of competing with large "Goliaths" by bringing an industry focus, maximizing their digital footprint, building processes and systems around the pitch/proposal process, looking backwards for strengths, and engaging in social media.
Features

Is Supreme Court the Next Step In Deciding ISP Copyright Infringement Liability?
A new appeal landed at the U.S. Supreme Court with potentially billions of dollars at stake for the music, movie and Internet industries. The question presented is whether internet service providers such as Cox Communications, AT&T and Comcast should be held liable for the copyright infringement committed by their users.
Columns & Departments
Co-ops and Condominiums
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features

PA Court: Vacant Lot Valueless Without Zoning Variance
The Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›