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The Voice of the Client: Client Audits
September 27, 2012
Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.
IP News
September 27, 2012
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
September 27, 2012
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.
Media & Communications: Become the Newsroom
September 27, 2012
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.
Bit Parts
September 27, 2012
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
September 27, 2012
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
September 27, 2012
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).
Marilyn Monroe's Right of Publicity Not Descendible
September 27, 2012
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.
Antitrust Unlikely to Restrict Today's 'Runs,' 'Clearances' in Film Distribution
September 27, 2012
In the years since the Paramount/Loew's decree was issued, antitrust law has evolved, giving greater flexibility to manufacturers and distributors in granting territorial or customer exclusivity.
The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine
September 27, 2012
It is not often when fashion and style blogs cover federal court decisions, but the fashion world currently is abuzz with the Second Circuit's recently issued decision in <i>Christian Louboutin S.A. v. Yves Saint Laurent America Holdings, Inc.</i>

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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; 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.
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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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