Practice Notes
March 27, 2008
Sonnenschein Team Leaves to Found MSK NY Office<br>TV-Company Deal Highlights U.S. Risk Allocation
Fed Court Believes It Can't Consider Copyright Issue
March 27, 2008
The U.S. District Court for the Central District of California ordered defendant Artisan Pictures to show cause why a suit against it for payment of film-acquisition rights shouldn't be remanded to state court. The federal court noted it 'likely lacks' subject matter jurisdiction over the declaratory suit, even though the case involves whether copyright claims over licenses for film music were time barred.
Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract
March 27, 2008
Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.
Think You Know What Constitutes Good Cause?
March 27, 2008
Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>
DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?
March 27, 2008
Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.
How to Prepare for a Live Presentation
March 27, 2008
Delivering a live presentation with impact demands a particular type of preparation, whether you are addressing a room of hundreds or a client's small executive team. This article provides advice on how to craft such presentations.
Bringing Lateral Attorneys on Board: A Blueprint for Success
March 27, 2008
The lateral movement of attorneys between firms requires a well-defined and well-executed management program in order to maximize the benefits of the move to both sides. This article sets forth the key elements, all of which must be addressed in order to maximize the investment a law firm makes in the lateral and in order to achieve career satisfaction and retention of lateral attorneys.
Business Method Patents and State Street: Federal Circuit to Hear Supplemental Briefing
March 27, 2008
On its own initiative in a pending appeal, the Federal Circuit has ordered supplemental briefing concerning the patentability of process claims and the Federal Circuit's 1998 decision in <i>State Street Bank & Trust Co. v. Signature Financial Group, Inc.</i>, which eliminated the 'business method exception' to patentable subject matter.
e-Commerce Docket Sheet
March 27, 2008
Registered Trademark Owner's Remedies Not Limited By Types of Goods<br>Domain Name with 'e' before Famous Mark Is Dilution<br>Failure to Produce Written Copyright Transfer Does Not Prevent Standing<br>Electing Statutory Damages For Counterfeit Mark Use Precludes Some Fees
