Courthouse Steps
October 03, 2005
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Ringtones Breed Tension Within Music Industry
October 03, 2005
Ringtones funneled $3.5 billion into music-industry coffers last year, and insiders say they may account for 25% of music sales by the end of 2006, thanks to millions of consumers paying $3 for 25-second versions of songs ' when a full-length version of a hit can be purchased for just 99 cents on a digital music store such as Apple Computer's iTunes. <br>Even more mind-boggling is the disarray this suddenly popular technology has caused, as lawyers for music publishers, record labels, performance-rights organizations, re-cording artists, ringtone vendors and others in the music industry struggle to determine how laws that govern the sales of its products apply to ringtones. Recording companies and publishers have always argued about money, and now they have intellectual-property ambiguities and a gigantic new revenue stream to fight over. Publishers, historically the industry's stepchild, may have the upper hand this time.
Cameo Clips
October 03, 2005
Recent cases in entertainment law.
Digital Dictation Is Simplifying How Lawyers Work
October 03, 2005
With the advent of e-discovery, it's impossible to combine today's state of the art e-discovery solutions with yesterday's analog-dictation technology. Having a foot in both worlds is at best inefficient, and at worst can lead to misplaced data or work. <br>But the dawn of digital dictation has eliminated lawyers' worst frustrations of dictating to tape cassettes. With this new technology, lawyers can treat spoken words like any other digital data, inputting it to a desktop or other computer via a microphone and manipulating it in a digital voice-software file. Lawyers can then move spoken text around, and insert spoken or printed text as well as charts, spreadsheets, photographs and videos and transmit their work to a typist or save it to an audio file for clear and accurate translation into a printed document ' or an e-document to be shared digitally or projected for viewing in the appropriate settings.
Depositions: The Impact Of Electronic Discovery
October 03, 2005
These are exciting times in the legal technology realm. Advanced electronic-discovery software can revolutionize depositions. For the first time, attorneys taking a deposition can have the entire document set at their fingertips in real time. They can understand the documents in a case more completely, and be more flexible following up unanticipated answers by investigating new lines of inquiry during the deposition itself.
Seamlessly Mastering Large-Scale Discovery Requests
October 03, 2005
When faced with a massive discovery request ' in litigation or a regulatory investigation ' what steps should a law firm and its client take to make certain that all relevant documents are collected in a timely, precise and cost-effective manner? How can the firm guarantee a seamless discovery project without halting or disrupting the company's normal business processes? This article will offer strategies and ideas for legal professionals faced with a large-scale discovery project encompassing electronic and paper documents.
Arbitration Do's And Don'ts
October 03, 2005
When faced with a transaction in which the arbitration of potential future disputes would offer advantages over court litigation or other forms of dispute resolution, a critical first step is to create a workable, enforceable arbitration agreement. In most instances, this agreement will be the "arbitration clause" included in the contract. A poorly drafted arbitration clause can create time-consuming and costly delays to the arbitration process. Arbitration agreements must be drafted carefully, and expert advice should be sought on all but the most straightforward two-party, single-contract cases.
Flying on a Wing and a Prayer
October 03, 2005
In its zeal to eradicate perceived abuses and further clip the wings of executives who, based on press reports, took great pleasure in using the company's airplane for personal purposes, Congress amended section 274(e)(2) of the Internal Revenue Code (the Code). Effective on the date of enactment (Oct. 22, 2004), these amendments effectively reversed the decisions of the Tax Court and Eighth Circuit in <i>Sutherland Lumber-Southwest, Inc. v. Commissioner</i>, and prompted the IRS to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
Is Your General Release Enforceable?
October 03, 2005
In a decision that caught many employers by surprise, the U.S. Court of Appeals for the Fourth Circuit recently held in <i>Taylor v. Progress Energy, Inc.</i> that claims arising under the Family and Medical Leave Act(FMLA), including post-dispute claims, cannot be waived or settled via private agreement between an employee and employer. The only other Court of Appeals ever to consider this issue in the dozen years since the FMLA was enacted reached an opposite result. In light of <i>Taylor</i>, employers inside and outside of the Fourth Circuit must now review the language of their general release agreements and evaluate what, if any, changes are needed.
