Can a Workforce IP Training Program Limit Liability Under the Uniform Trade Secrets Act?
September 01, 2006
When a lower-level employee uses a former employer's trade secrets after taking a new job, the plaintiff often sues the new employer itself and demands exemplary damages under the Uniform Trade Secrets Act ('UTSA') — even if the new employer was unaware of, and disapproves of, the employee's conduct. Taking a page from the law of employment discrimination, we believe that companies that provide intellectual property training for their workforce can use the fact of such training during litigation to avoid exemplary damages for the solitary wrongdoing of non-executive-level employees and perhaps avoid vicarious liability altogether. Companies, especially technology startups, can reduce trade secret litigation and liability risks by implementing such programs — programs which today are very rare, even in Silicon Valley.
Hedge Funds Target Film Productions
September 01, 2006
Hedge funds have gone Hollywood. Chasing high returns, money managers are plunking down hundreds of millions of dollars to finance films such as 'Superman Returns' and 'Nanny McPhee.' At the same time, the influx of money from hedge funds and private-equity firms is reshaping film-financing deals, leading entertainment lawyers toward lucrative transactions and new clients who might want a little glamour-by-association.
Cameo Clips
September 01, 2006
Copyright Infringement/Chain of Song OwnershipVideo-Game Laws/Constitutionality
No Breach Seen in Suing Licensee over Downloads
September 01, 2006
The U.S. District Court for the Southern District of New York decided that Bridgeport Music didn't breach a mechanical-licensing agreement by filing a copyright-infringement suit against its licensee for granting digital-download licenses to third parties.
Film Industry Faces Complex Issues in Move to Gain Digital Revenues
September 01, 2006
Like other sectors of the entertainment industry, the film industry is looking to the digital age for new revenue streams. Even with digital-piracy concerns, film studios are positioning themselves to capitalize on Internet sales of their products. This summer, for example, motion pictures from several major studios and key independent providers became available on CinemaNow for downloading and copying by consumers for DVD-machine play. In the following interview ' conducted by Entertainment Law & Finance Editor-in-Chief, Stan Soocher ' George A. Cooke, a law partner in the New York office of Manatt, Phelps & Phillips, discusses distribution of motion pictures in the digital age.
Managing Native File Production Requests
September 01, 2006
Last month, the authors provided a primer on native file production requests and examined what the courts have said on the matter. This month, the authors take on substantive issues in objections to native file requests.
EDD Market Growth Will Continue
September 01, 2006
Our survey covered the 2005 calendar year. Based on our research, we estimate that 2005 commercial EDD revenues were nearly $1.3 billion, up 56% from 2004. We estimate that the top 30 providers collected about $450 million. An additional 360-plus providers accounted for another $455 million, while 'do-it-yourself' firms (law firms and companies handling EDD work themselves that otherwise would have been sent to a provider) represented $90 million.
