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Counsel Concerns
August 02, 2004
<i>This occasional column will cover issues in serving as a lawyer in the entertainment industry. </i><br>A law firm represents a film production company. But as organizing both the company and a film project proceed, the company fails to raise sufficient funds to complete the project. Later, the director, a costumer, a construction coordinator and a production designer hired to work on the movie file suit for payment of services rendered and goods supplies. The suit alleges fraud and conspiracy. The law firm and its principals are named as defendants in the action. Is the law firm liable in the case?
Courthouse Steps
August 02, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
August 02, 2004
Recent developments in entertainment law.
Decision of Note: <b>Court Criticizes 'Mechanical' Use Of Extrinsic Test</b>
August 02, 2004
The U.S. Court of Appeals for the Ninth Circuit held that the district court erred in a "too mechanical" use of the "extrinsic" test by determining whether two song choruses were substantially similar through a measure-by-measure comparison of the melodies.
Cameo Clips
August 02, 2004
Recent cases in entertainment law.
Clause & Effect: <b>Examining Validity Of Game Show Releases and Rules
August 02, 2004
Game shows based on contestants giving answers to questions often use releases signed by contestants to build in leeway into how those questions may be structured. What if a question has a mostly correct, but not the absolutely correct, answer? In the case of the TV game show "Who Wants to Be a Millionaire," Richard Rosner, a contestant presented with this type of question, filed suit after he was eliminated from the show.
Update On Webcasting Royalty Rates
August 02, 2004
In September 2002, the author published an article in <i>Entertainment Law &amp; Finance</i> titled "Examining Arguments in Controversy Over Webcasting Royalty Rates." Since then, there have been major new developments. New rates have been set, although the controversy regarding prices to be paid by small webcasters is still being challenged. This article, with Part II appearing next month, provides background on the new rates, explains how they work and offers an overview of this new medium.
Profitability Levers: The Lore and Lure of the RULES
August 02, 2004
The importance of profitability levers is compelling, but readers who sense some haziness about the subject should note that different authors conceptualize the levers differently.
Financial Analysis: Critical to Sound Strategy
August 02, 2004
With the legal landscape in constant flux ' including numerous high- and low- profile mergers, dissolutions and consolidations ' leaders of most law firms have been forced, willingly or no, to engage in some serious strategic thinking about their firm's future. For many firms, however, "thinking strategically" has failed to produce quality strategy.
Basics Revisited: Evaluating The Profitability Of New Work
August 02, 2004
Your 50-attorney firm has been operating slightly under capacity; there is not enough work to keep all attorneys billing their standard hours. A prospect would like to engage the firm to handle all its litigation, which would mean a substantial number of guaranteed billable hours. Good news, right? This company, however, wants to negotiate a discounted rate and also wants specific partners to handle the work. Your initial instinct tells you to take on the work to keep the firm at maximum capacity. But will it be profitable in the long run? Should you take on the work? How can you decide?

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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