Content Distribution Online
The speed and convenience of content distribution through the Internet has long posed a threat to traditional distribution channels and challenged courts to balance the benefits of freedom of access for the public with protection of the rights of intellectual property owners. Those issues were on display when the U.S. Court of Appeals for the Second Circuit upheld a preliminary injunction against a streaming video service.
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Marketing and Pinterest
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. Here's what you need to know.
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The Voice of the Client: Client Audits
Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.
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IP News
Highlights of the latest intellectual property news from around the country.
Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings
How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.
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Media & Communications: Become the Newsroom
Firms and lawyers have the opportunity to drive and shape editorial content as never before. But few of them fully understand the opportunity, or possess the necessary internal capacity to produce high-quality editorial content.
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Bit Parts
Alleging "Online" Distribution Not Enough to Establish Simultaneous International "Publication" <br>Expert Report on Value of "Bogart" Ruled Reliable
Mergers, Acquisitions and Licensing on Rise for Content Companies in China
This second installment of a two-part article continues coverage of Chinese/U.S. film developments, and discusses concerns in the Chinese online industry as well as the increasing presence of U.S. intellectual property and entertainment law firms in China.
Infringement Without a Direct Infringer
An <i>en banc panel</i> of the Court of Appeals for the Federal Circuit convened to consider the question of joint or divided infringement of method claims. The court decided, in a <i>per curiam</i> opinion adopted by six of the 11 panel judges, that there could be liability under 35 U.S.C. § 271(b) for inducing infringement of a method patent, provided all the steps of the method were performed, even if they were not performed by a single actor who was liable for direct infringement under § 271(a).
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Marilyn Monroe's Right of Publicity Not Descendible
The U.S. Court of Appeals for the Ninth Circuit ruled that the heirs to Marilyn Monroe's estate did not inherit the rights to her publicity because she was a resident of New York, where such rights are not recognized posthumously.
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MOST POPULAR STORIES
- 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 ›