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Bit Parts
March 30, 2012
Declaratory Copyright Complaint Can Be Amended After Plaintiff Film Company Secures Financing<br>Sony/ATV Wins Right to Renewal Terms in Roger Miller Songs
Counsel Concerns
March 30, 2012
Law Firm's Push for Sale of George Clinton Copyrights, to Pay for Legal Fees, Will Remain in Western District of Washington<br>Motion by Nina Simone's Former Husband, to Disqualify Counsel in Estate Litigation, Is Denied
Does the CDA Bar State IP Claims?
March 30, 2012
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts
March 30, 2012
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
CAA and TV Writers Reach Accord in Age Discrimination Class Action Case
March 30, 2012
A class action filed by older television writers alleging widespread age discrimination by the Creative Artists Agency Inc. (CAA) settled recently, marking the end of related litigation against the major players in the entertainment industry.
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
March 30, 2012
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
Online Gaming in New Jersey Remains a Crapshoot
March 30, 2012
A recent opinion issued by the DOJ brought New Jersey residents a step closer to being able to participate in legal online gaming. But for the games to begin, the state legislature must pass a bill that Gov. Chris Christie believes satisfies state constitutional requirements.
New York Will Be e-Commerce Case Forum, Not Florida As Terms Say
March 30, 2012
A Long Island resident who bought 50,000 pairs of tube socks from a Florida-based "closeout" merchandiser can pursue a claim against the supplier in New York court, a judge has ruled.
New European Data Protection Regulation Draft
March 30, 2012
The proposal would unify EU data-protection regulations among member states. This change would allow closer cooperation among law-enforcement agencies and courts in EU member nations to protect data, safely share citizens' personal data only among authorized parties, and help police detect and catch personal-data privacy violators.
The America Invents Act
March 30, 2012
The law is, no question, significant ' even record-setting ' patent legislation. For proponents, the new law holds the promise of accomplishing two things, each of which is potentially profound, and each of which applies not only to traditional markets, but to e-commerce as well.

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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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