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<b>Decision of Note: </b>'Holla Back' Hook Not Infringing
July 28, 2005
The U.S. District Court for the Southern District of New York ruled that there was no substantial similarity between the hook in the plaintiff's song and the hook in the defendant's song that would support an inference of copying
Cameo Clips
July 28, 2005
Recent cases in entertainment law.
<i>WhenU</i> Helps Keyword Companies See Clearly
July 28, 2005
The recent decision in <i>1-800 Contacts, Inc. v. WhenU.com</i> is an important case in the murky law relating to keywords. Many companies use keywords in some form to generate revenue, from search engines selling keywords to trigger banner ads or the pop-up business described in the <i>WhenU</i> decision. <br>The case is particularly important for companies such as Google not only because keyword sales represent a substantial portion of their revenue, but also because obtaining legal precedent supporting this kind of business has been inconsistent.
e-Commerce DOCKET SHEET
July 28, 2005
Recent cases in e-commerce law and in the e-commerce industry.
Canada Strikes At Spam
July 28, 2005
The Government of Canada's Task Force on Spam concluded that the current laws governing spam are not good enough. While Canada alone is not able to deal with the spam problem nationwide, it must at least deal with the spammers in its own backyard. The current legal framework contains some significant holes and the task force's recommendations call for a spam-specific law accompanied by a new separate body to work on policy and enforcement coordination.
Trademark Law Shapes Internet Pop-up Ads
July 28, 2005
Despite their negative public images and being the target of much private invective, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing ' and, like spam, Internet pop-ups can be lawful if they are not deceptive. <br>That said, trademark infringement may be the only successful cause of action against Internet pop-up advertisers and getting them to change their business methods.
Legislative Recommendations By The Canadian Task Force On Spam Legislation, Regulation And Enforcement
July 28, 2005
The following points are from the task force's report. Numbering was kept from the report for reference purposes. Canadian spellings were also retained.…
Law School To Launch Law Practice Technology Program
July 28, 2005
A select group of New York Law School students will soon begin a unique, hands-on course in the practicalities of cyberlaw designed to make young lawyers extremely attractive to law-firm recruiters who hail primarily from the technophobic generation.
Career Paths for Law Firm Accounting-Financial Professionals
July 28, 2005
In part one of this two-part series [see the June 2005 A&amp;FP edition], we discussed the pathways available for law firm administrative staff with finance and accounting competence to evolve into consulting roles within the legal services industry. Part two focuses on avenues available for individuals with strong skills in these functional areas to advance within their own or other firms.
Collective Bargaining for Legal Fees?
July 28, 2005
For almost a year, lawyers from eight of the largest corporations in the country have been meeting and exchanging information. The group, which first came together last fall, includes in-house attorneys from Cisco Systems Inc., E.I. du Pont de Nemours and Co., FMC Technologies Inc., General Motors Corp. and Microsoft Corp. Together they oversee a collective annual legal budget exceeding $1 billion.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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