Data Analytics: e-Discovery Accuracy, Defensibility and Cost Efficiency
May 30, 2007
Keyword-based automated search tools are not necessarily accurate, especially when the search terms are brainstormed by counsel in a vacuum. And new-age concept-based tools, while often quite effective at targeting documents based on subject matter or concept, are technologically hard to explain and, as a result, hard to defend. Data analytics adds testing and analysis to keyword-based search, providing litigators with more accuracy and defensibility ' often at a much lower cost.
Bit Parts
May 30, 2007
Copyright Infringement/Motion to Intervene; Copyright Infringement/Striking Similarity; Right of Publicity/Attorney Fees.
Clause & Effect
May 30, 2007
The U.S. District Court for the Eastern District of Michigan decided that unresolved issues of fact as to whether a distributor or a record label abandoned a record-distribution agreement precluded summary judgment for either party on breach claims by the distributor.
Counsel Concerns
May 30, 2007
The U.S. District Court for the District of Nevada granted summary judgment in part for Nevada-based entertainment attorney John Mason on his claim of breach of legal-services agreements by a film-production company.
'New' Summit Structure Retains Distribution Fees
May 30, 2007
Summit Entertainment's $1 billion movie financing deal ' which created a new production and distribution studio ' all started with a group of bankers and lawyers sitting around and talking about how to get more money from movie-financing deals. In recent years, investors have invested in films that are distributed by studios, which take a distribution fee of about 10% to 15%. With the Summit deal, the investors for the first time cut the middleman in this process.
Cameo Clips
May 30, 2007
Digital Downloading/No Public Performance; Management Agreements/Tortious Interference.
Decision of Note: Mexican TV Co. Can Proceed in Florida Fed Court
May 30, 2007
The U.S. Court of Appeals for the Eleventh Circuit decided that a Florida federal district court, rather than a Mexican court, should hear a suit by one Spanish-language broadcaster against another for tortious interference with a soap-opera actor's contract.
Supreme Court Re-Invigorates 'Obviousness': KSR v. Teleflex Decision
May 30, 2007
On April 30, 2007, Justice Anthony Kennedy delivered a unanimous decision of the U.S. Supreme Court in <i>KSR International Co. v. Teleflex Inc.</i>, reversing the U.S. Court of Appeals for the Federal Circuit ('Federal Circuit') and, in effect, re-invigorating obviousness under 35 U.S.C. §103 as an available defense to a patent.