Update on Litigations Over Comic Book Character Copyrights
November 29, 2010
In comic books, the good guys are usually the ones in tights ' red and blue are the most popular colors ' who put themselves in harm's way to save innocent lives, while the bad guys are the ones sulking in darkened lairs and dreaming up plans to take over the planet. In real-world legal battles over the intellectual property in comic books, the two sides aren't as easy to distinguish, and they're certainly not as colorful. But as the IP rights to comic book icons become the subject of ever more heated ' and lengthy ' disputes, maybe it's time that superhero litigation got its own comic book series.
Avoiding Those Tax Day Dilemmas
November 29, 2010
As family law practitioners, we need to achieve a basic understanding of the tax code and the relevant provisions that may affect our clients.
How Copyright Was Secured for Mark Twain Autobiography
November 29, 2010
Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.
Arbitration Clause Doesn't Cover Dispute Over Movie Payments
November 29, 2010
The U.S. District Court for the Southern District of New York decided that a suit, alleging a distributor of made-for-TV-movies failed to pay amounts owed the films' producer, wasn't subject to an arbitration clause in the parties' distribution agreement.
Medicaid Divorce: An Overview
November 29, 2010
This article covers some of the issues that should be considered if clients wish to examine the possibility of a Medicaid divorce.
The Forum Non Conveniens Decision
November 29, 2010
The conclusion of this article herein explains how defendants who have elected to stay in U.S. courts have used the strengths of the U.S. judicial system to expose the factual gaps, and in some cases outright fraud, that formed the basis of many of the foreign claims that have been imported to U.S. shores.
Practice Tip: Deposition of Plaintiff's Expert
November 29, 2010
Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.
Ex-Parte Interviews of Former Employees
November 29, 2010
The issue of ex-parte interviews of a corporation's former employees can raise tensions on many different levels. This area of law has been dubbed "a veritable minefield" that must be approached with great trepidation.
Child Pornography On Workplace Computers
November 29, 2010
Possessing child pornography is such a potentially serious crime that institutions take pains to keep it off their premises. e-Commerce firms, whether they have significant physical premises or not, are no different.
New York Internet Tax Law Does Not Violate Commerce Clause
November 29, 2010
An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.