<b><i>Case Study</b></i> Infringement Suit over Rap Song Offers Useful Tips for Litigators
September 28, 2006
Copyright-infringement suits in which plaintiff accuses defendant of improperly taking from the plaintiff to create the defendant's work are common in the entertainment industry. But even with the frequency and long history of this type of litigation, infringement principles continue to develop as litigators face many substantive and procedural challenges. In the following interview, conducted by Entertainment Law & Finance Editor-in-Chief Stan Soocher, veteran entertainment-litigator Christine Lepera ' a partner in the New York office of Sonnenschein Nath & Rosenthal LLP ' discusses infringement litigation issues from her perspective as defense counsel in the copyright suit that was filed in the U.S. District Court for the Southern District of New York against rappers Ludacris and Kanye West and related companies. <i>BMS Entertainment/Heat Music LLC v. Bridges</i>.
Choice of Law: CA Court Strikes Down Florida Clause
September 28, 2006
<i>Burgo v. Lady of America Franchise Corp.</i>, CCH Bus. Franchise Guide '13,367 (C.D. Cal. May 4, 2006) addresses choice of law clauses that often come into effect in franchisor-franchisee disputes. Twenty-two franchises of this women's fitness franchise filed suit in a California federal court against the Florida-based franchisor ('LOA') and its Florida-based president ('Wittenberns') for violations of the California Franchise Investment Law ('CFIL') and the California Unfair Trade Practices Act, common law fraud, and violations of the Florida Deceptive and Unfair Practices Act, and the Florida Franchise Misrep-resentation Act ('FFMA'). The franchise agreement contained a choice of law clause, which provided that the agreement and 'the relationship created thereby' would be 'construed and governed solely by internal Florida Law, without regard to any conflict of laws rules.' LOA moved to dismiss the complaint for failure to state a claim, and Wittenberns moved to dismiss for lack of <i>in personam</i> jurisdiction.
Preparing for Possible Third-Party Computer Seizure
September 28, 2006
The seizure of opponent media, long a government mainstay in criminal technology cases, eventually began finding its way into the civil-litigation strategic arsenal. If ordered, this measure was most likely based on one party's inexperience or misconduct leading to the reasonable likelihood that data would be lost.
How a Venture Capitalist Views the Franchise Business: A Q&A with H. Scott Pressly of Roark Capital
September 28, 2006
Roark Capital is one of the most prominent private equity firms participating in the franchise industry. The company has been investing in franchise operating companies since 2001, and has invested in nine brands comprising more than 2600 locations in 50 states and 29 countries. The firm's roots are in franchising, as Neal Aronson, founder and managing partner, was co-founder of U.S. Franchise Systems, Inc., before selling the franchise operator and starting Roark Capital.
Automate and Save
September 28, 2006
A new day is dawning for electronic discovery in corporate environments. Opposing counsels recognize that e-documents stored in proprietary formats or on multiple systems no longer mean that they are inaccessible.
What You Need to Know About Topic Review
September 28, 2006
The process used to review discovery documents in civil litigation has undergone a significant transformation since the introduction of electronic-discovery practices at the beginning of this century.
UK House of Lords Sets Limits on Application of EU Antitrust Law
September 28, 2006
The decision by the House of Lords in <i>Inntrepreneurs Pub Company v. Crehan</i> concerning the Inntrepreneur chain of franchised pubs and its exclusive supply of beer under the franchise agreement is the latest and probably final step in a long-standing dispute about the consequences of the infringement of European Competition Law by a franchise (or indeed other) agreement. It concluded that damages can be awarded for breach of Article 81(1) of the Treaty of Rome ' the EU's antitrust law ' but should not be awarded in this particular case.
Weaving a Bulletproof Web
September 28, 2006
An often-overlooked component of an e-commerce company's intellectual property portfolio is the company Web site. This is something that is true in general for firms of any type, including law firms that advise e-commerce ventures, but it's especially true in the fast-paced world of technology firms, whose primary emphasis is usually core technology in the form of patents or trade secrets. The Web site, as a matter of course, is the most innocuous of assets, but it's an asset, nonetheless, and one of which tech-world denizens should be aware. The job of the general counsel's office, and of lawyers hired to act in that capacity, is to protect this asset.
