Columns & Departments
News Briefs
Highlights of the latest franchising news from around the country.
Columns & Departments
Court Watch
Highlights of the latest franchising cases from around the country.
Language-Based Knowledge Extraction Can Reform Document Review
An emerging market trend ' language-based knowledge extraction ' holds the promise of greater strategic insight, improved efficiencies and cost-saving advantages during document review. Knowledge extraction achieves the objective of identifying relevant documents and understanding what those documents actually say at the beginning of the review process as opposed to the end.
Counsel Concerns
Naming Non-Party Witness as Defendant Leads to Disqualification of Copyright Plaintiff's Counsel
Columns & Departments
Cameo Clips
Online Infringement/Class Action Issues<br>Trademark Infringement/Fictional Products<br>True-Life Depictions/In TV Programs
Depositions in Arbitration
This is the second in an ongoing series of articles that provide franchise attorneys with practical advice about conducting arbitrations.
Online Extra: Effie Film LLC Loses Attorney Fees Bid After Winning Copyright Suit
The U.S. District Court for the Southern District of New York denied the Effie film production company's bid for attorney fees and costs in its declaratory action against author Eve Pomerance over the parties' scripts about relationships among three famous art-world figures.
Copyright Challenges In Use of Historical Facts for Productions
Historical facts are the essence of fictionalized 'true stories' as well as non-fiction historical accounts. But authors who dip into the bowl of history to prepare their own creative works must accept that facts are not protectible under copyright. This exclusion applies equally to the facts in a fictionalized or fictional narrative as well as to non-fiction history.
Third Cir. Embraces 'Transformative Use' As Defense Against Publicity Right Claim
In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit restored a cause of action by a former college football player who says his likeness was appropriated without his consent for use in a video game.
Features
Due Diligence Considerations in M&A Deals in Entertainment, Sports and Media Industries
For entertainment, sports and media (ESM) industries bidders ' and their counsel ' contemplating a merger-and-acquisition deal, last year's Delaware Supreme Court decision in <i>RAA Management LLC v. Savage Sport Holdings Inc.</i> highlighted the importance of assessing risk early in the due diligence process.
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
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.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's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Avoiding Tax Pitfalls in New York Real Property Transfers in Separation and DivorceMost divorces involve the transfer of a marital residence between the parties as part of equitable distribution, especially when there are minor children who will continue to reside in the family home.There is a transfer tax payable on the transfer of real estate, including the marital residence, in connection with the implementation of the marital settlement agreement or divorce.Read More ›
