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Features
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
Columns & Departments
The Cameo Clips column in the August 2013 issue of Entertainment Law & Finance incorrectly reported the name of the deciding court in Faulkner Literary…
Features
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
Features
The Forbidding Advertisement Through Child Exploitation Act (FACE Act) of 2013 was introduced in Congress on July 10, 2013 by U.S. Congressman John J. Duncan, Jr. (R-N) to help protect the personal privacy of children and teens.
Features
There have been a spate of reports the last few months on alternative fee agreements, or AFAs as they are also known. Subsequently these have stirred a tremendous amount of conversation in the industry. Some of the conversation is helpful, some of it is constructively critical, and some of it is quite simply confusing.
Features
Winning or losing your client's case often rests on your ability to prove facts that support your client's position. Subject-matter expert witnesses play a prominent role in interpreting the facts available to them and helping the trier of fact reach a conclusion on the meaning of such information. Forensic and e-discovery experts are no different than any other experts in that their opinions can only be as solid as the information they can find and analyze.
Features
Federal Trade Commission Chairwoman Edith Ramirez last month issued a stern warning to U.S. companies that house vast amounts of consumers' personal data: Watch out.
Features
After three years of law school, hours spent studying for the Bar exam, and many years toiling away at the associate ranks, new partners often believe that there is nothing new they need to be taught about being a principle of a law firm. The resistance to spending time in a classroom is palpable. It is viewed as tedious and, since partners are rarely compensated for learning or personal development, they are less inclined to "waste" their time.
Features
The landscape of software development and distribution is changing. Traditionally a closed-off proprietary process, developers and businesses alike are quickly realizing the many advantages that flow from the adoption of a more collaborative open source approach.
Features
The "Hopper," the recording and commercial-skipping technology developed by Dish Network, first survived a preliminary injunction motion brought by Fox Broadcasting Co. in 2012, then prevailed on appeal this summer in a decision by the U.S. Court of Appeals for the Ninth Circuit.
