Ninth Circuit CFAA Case May Draw High Court Review
May 31, 2012
In <i>United States v. Nosal</i>, the U.S. Court of Appeals for the Ninth Circuit, <i>en banc</i>, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.
Taxing Online Sales ' The 2012 Update
May 31, 2012
As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.
Erratum
May 31, 2012
The Bit Parts item on <i>Troma Entertainment Inc. v. Centennial Pictures Inc.</i>, in the May issue should have reported that the U.S. District Court for the Eastern District of NY was the deciding court.
Bit Parts
May 31, 2012
Jazz Artist's Daughter Can't Pursue Conspiracy Claim over Music Royalties<br>S.D.CA's Key Points in "YMCA" Lyrics Assignment Termination Case
Cameo Clips
May 31, 2012
RIGHTS IN BAND NAMES/MARVELETTES DISPUTE<br>FILM DISTRIBUTION/RIGHTS LIMITATIONS
Counsel Concerns
May 31, 2012
CA Filing Time Is Applied to Malpractice Suit in WA Federal Court<br>No Selective Waiver of Attorney/Client Privilege Allowed in Superman Litigation
First Circuit Hears Arguments in Suit over A&E Photo Use
May 31, 2012
In May 2012, the U.S. Court of Appeals for the First Circuit considered a photographer's case against television companies over alleged infringement of his image of a notorious imposter who called himself Clark Rockefeller.
TV Writers' Lawyers Fight over Fee Award
May 31, 2012
For a class of older television writers suing studios, networks and talent agencies for age discrimination, a $70 million settlement reached in 2010 was a happy ending. For the writers' lawyers, though, it was only the opening act in a story line that might seem clich' to some of their clients ' a fight over money.
Disqualification Dilemma for Expert Witnesses
May 31, 2012
Strategic disqualification is a tactic in which a recognized expert is interviewed by a prospective client to determine where the expert stands on a particular fact pattern. But the client's attorney may not be really interested in the actual expertise of the witness elect, nor is the lawyer interested in whether or not the witness will opine in the client's favor. This attorney has only one agenda: to create the appearance of a relationship substantial enough so the opposing counsel can't also consult with the expert.
