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Content Distribution Online Image

Content Distribution Online

Lewis R. Clayton

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.

Features

Marketing and Pinterest Image

Marketing and Pinterest

Scott J. Slavick & Andrew J. Avsec

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.

Features

The Voice of the Client: Client Audits Image

The Voice of the Client: Client Audits

Bruce D. Heintz & Gary R. Garrett

Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.

Features

IP News Image

IP News

Howard J. Shire & Joseph Mercadante

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 Image

Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings

Stan Soocher

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.

Features

Media & Communications: Become the Newsroom Image

Media & Communications: Become the Newsroom

Steven Andersen & Nicholas Gaffney

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.

Features

Bit Parts Image

Bit Parts

Stan Soocher

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 Image

Mergers, Acquisitions and Licensing on Rise for Content Companies in China

Stan Soocher

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 Image

Infringement Without a Direct Infringer

John Cone, Megan O'Laughlin & John Tower

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. &sect; 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 &sect; 271(a).

Features

Marilyn Monroe's Right of Publicity Not Descendible Image

Marilyn Monroe's Right of Publicity Not Descendible

Amanda Bronstad

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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    “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.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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