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Unusual Challenges to Content in Film, TV Productions

June 29, 2012

Two recent court rulings ' one involving the movie The Hangover: Part II and the other the TV series South Park ' considered unusual issues in challenged uses of content in entertainment productions.

Supreme Court Issues Narrow Ruling in Vacating FCC Fines

June 29, 2012

The Supreme Court unanimously threw out fines and sanctions against broadcasters who violated the FCC policy regulating curse words and nudity on broadcast television. But the justices declined to follow the U.S. Court of Appeals for the Second Circuit and issue a broad ruling on the constitutionality of the FCC indecency policy.

Retired Players' Antitrust Claim Against NFL Is Dismissed

June 29, 2012

A federal judge dismissed an antitrust action brought on behalf of retired professional football players who accused the National Football League of monopolizing the market for DVDs, videos and films featuring the plaintiffs' names and likenesses.

'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings

June 29, 2012

In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character "Dora the Explorer." But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation.

DMX Can Obtain Its Music Through Direct Licenses

June 29, 2012

After performing-rights organizations ASCAP and BMI lost royalty rate challenges against background music provider DMX Inc. in 2010, they turned to a pair of former U.S. solicitors general to handle their appeals. But all that appellate firepower wasn't enough to turn their fortunes around.

Recent Developments in Anti-SLAPP Cases for Determining Protected Activities

June 29, 2012

In the last three years, there have been a number of decisions issued by California courts on anti-SLAPP motions filed in response to lawsuits arising out of the publication and/or distribution of entertainment works.

IRS Tax Exams in the Legal Industry

June 28, 2012

Ever wonder what the IRS looks for when auditing tax returns of law firms and their owners? Here are the answers.

Highlights from ALM's Business Development and Marketing Leadership Forum 2012

June 28, 2012

The American Lawyer recently sponsored the "Law Firm Marketing & Business Development Leadership Forum" during which CMOs and law firm leaders gathered to learn and discuss a series of thought-provoking sessions that help them to optimize their firm's marketing and business development function. With the insightful input of the summit's co-chairs and faculty, we provide a recap of some of the high-impact topics presented.

Foreign Corrupt Practices Act Presents New Risk for Franchisors

June 25, 2012

No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act, a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But that is just a matter of time.

Taxes 101 for New Law Firm Owners

June 25, 2012

This article addresses the key items a newly promoted law firm owner should know regarding his or her changed individual tax situation.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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