Features
Tax Planning for Nonresident Alien Artists
The independent contractor nonresident alien (NRA) who has a high level of U.S. tax-related operating expenses may wish to consider the feasibility of obtaining a Central Withholding Agreement (CWA) or otherwise be saddled with 30% tax withholding on his or her gross fees.
Features
Expected Impact of Supreme Court First-Sale Ruling
The U.S. Supreme Court's recent ruling in <i>Kirtsaeng v. John Wiley & Sons</i>, that a legally obtained copyrighted work can be imported into the United States and resold without permission from the copyright owner, even if it was manufactured and sold overseas, has broad legal ramifications going forward, intellectual property attorneys say.
FL Court of Appeal Quashes Motion to Disqualify Concert Case Lawyer
The Florida Third District Court of Appeal ruled that a Miami-Dade, FL, circuit judge erred in granting Mexican songstress Paulina Rubio's request to disqualify the opposing attorney in a lawsuit over a missed concert.
Comparing Contract Drafting in the United States and United Kingdom
The authors' previous article, in the March 2013 issue of <i>Entertainment Law & Finance</i>, considered differences between copyright regimes in the United Kingdom and the United States. This article highlights some of the principal differences between UK and U.S. contract law.
Columns & Departments
News Briefs
Highlights of the latest franchising news from around the country.
Columns & Departments
IP News
Highlights of the latest intellectual property news from around the country.
The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents
Infringement under the doctrine of equivalents ("DOE") is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.
Features
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley & Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.
Myriad's Oral Argument Before the Supreme Court
On April 15, 2013, the Supreme Court heard oral argument in <i>Ass'n for Molecular Pathology v. U.S. Patent and Trademark Office</i> (hereinafter "<i>Myriad</i>"). The sole question before the Supreme Court, following its grant of certiorari on Nov. 30, 2012, is whether human genes are patent-eligible subject matter under 35 U.S.C. ' 101.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- From the PTO to the FDA: What to Consider When Branding Clinical TrialsThe legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›