Features
Fatality on Set of Allman Film Bio Has Triggered Production Cautionary Tale
Gregg Allman's recent lawsuit to block production of the movie about his life ' filed after a film crew worker died in a train accident on the set ' helped cement his role as a defendant in the wrongful death case now brought by the worker's parents.
Features
Does Proposed Resale Royalty for Visual Art Conflict With Copyright Act?
In the entertainment industry, there are many buyers and sellers of visual art works. This article considers proposed legislation in the U.S. Congress calling for a resale royalty for art creators.
Features
Litigating Trade Secret Claims
Employees escape with valuable information every day, resulting in substantial, sometimes devastating losses to employers. Here's what employers need to know.
Columns & Departments
Bit Parts
Harlequin Authors' e-Book Royalties Suit Continues on "Unrelated Licensees" Rate Claim<br>New York Federal Court Sees No Joint Venture in Agreement Between Slip-N-Slide Records and Island Def Jam Music
Whistleblower Rights Expand with Supreme Court Ruling
<I>Lawson v. FMR LLC</I> could have significant consequences for law and accounting firms, as well as all businesses working with public companies.
Features
Practice Tip: The Rule Against (Liability in) Perpetuity
Given the contrary positions taken by the Fourth, Fifth, and Ninth Circuit Courts of Appeal regarding the interpretation of CERCLA ' 9658, the Supreme Court's grant of certiorari in <I>Waldburger</I> is not only timely, but essential to providing manufacturers protection from stale claims ...
Features
Parallel Criminal Investigations
As we saw last month, companies engaged in civil litigation that are also targets of related criminal investigations may find that confidential materials produced during civil discovery could become subject to subpoena in the criminal matter, even if they would normally have been outside the government's reach. We conclude our discussion herein.
Features
The New Math
The employer mandate under the ACA, which requires large employers to provide health insurance for their full-time employees or pay a penalty, is set to take effect on Jan. 1, 2015. Regulations released by the IRS set forth the final rules that an employer must use to determine whether it is a large employer subject to the mandate. With just over six months to go, the time is ripe for employers to determine whether they will be considered large employers and if so, to determine appropriate next steps.
Features
<i>Gilead Sciences, Inc. v. Natco Pharma Ltd. </i>
Upon issuance, can a later-issued (but earlier-expiring) patent qualify as a double patenting reference against an already issued (but later-expiring) commonly owned patent of the same inventor? In Gilead Sciences, the Federal Circuit held that it could.
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›