Drug Importation Task Force Completes Its Listening Sessions
June 01, 2004
Over the past few months, the Task Force on Drug Importation has held its so-called "listening sessions" with groups and individuals that would be impacted by drug importation, should it be legalized. At the meetings, U.S. Surgeon General Richard H. Carmona served as the chairman over a panel of representatives from the Department of Health and Human Services, as well as from other departments of the federal government with an interest in drug importation issues (see sidebar on page 5). The task force's members are being asked to offer recommendations to Health and Human Services' Secretary Tommy Thompson by December 2004 concerning how best to address key questions posed by Congress as part of the Medicare Prescription Drug Act, such as how drugs can safely be imported, what the impact of such imports would be on incentives to drug research and development, and how much the policing of imports would cost the government.
Grappling With Liability Issues For Entertainment Attorneys
June 01, 2004
Attorneys are faced with a variety of potential liability issues in handling matters for clients. Malpractice insurance can help, but such policies don't eliminate the raising of liability claims. These claims may include disqualification of counsel based on alleged adverse interests of clients, malpractice allegations based on transactional and litigation work and the threat of Rule 11 sanctions. <br>The entertainment business presents its own lawyer liability concerns.
<b>Decision of Note:</b><b>Agency Contract Found Properly Disaffirmed</b>
June 01, 2004
A Manhattan federal district court granted summary judgment dismissing a claim against a Canadian modeling agency for tortious interference with contract. <i>NYC Management Group Inc. v. Brown-Miller</i>. The defendant had secured New York agency representation from the plaintiff's modeling agency for 16-year-old Jessica Stam, who later disaffirmed the minor's contract based on her unhappiness with the plaintiff's agency.
Editing Software Reignites Ire Of Film Directors
June 01, 2004
This spring, RCA launched a DVD player that includes a software program by ClearPlay Inc. that is preprogrammed to filter out nudity, sex, violence and harsh language from hundreds of movies ranging from "Lost in Translation" to "The Cat in the Hat." <br>The technology has created a furor in Hollywood, with a group of 16 prominent directors ' including Stephen Spielberg, Martin Scorsese, Robert Redford and Stephen Soderbergh ' teaming up with seven motion picture studios to get it off the market. The directors claim the editing violates their trademarks by mutilating and diluting their movies, while the studios argue it infringes their copyrights by creating derivative works.
Cameo Clips
June 01, 2004
Recent cases in entertainment law.
Courthouse Steps
June 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Attorney Fees Update
June 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Bit Parts
June 01, 2004
Recent developments in entertainment law.
Arbitration Update
June 01, 2004
Many contracts in the entertainment industry include arbitration clauses. <i>EL&F</i> will periodically provide updates on how courts are interpreting and enforcing these clauses and appeals to arbitrators' rulings.
Pop-up Advertisement Litigation Strategies
June 01, 2004
Originally, e-commerce businesses relied on banner advertising that appeared on Internet sites when users visited. Next, e-commerce merchants found that unsolicited bulk e-mailing (a.k.a. spam) was more effective, because it could be sent to Internet e-mail users. Now, e-commerce professionals have found that "pop-up" ads are more effective still, because they can be sent to every Internet user. Pop-up ads are advertisements that spontaneously appear on a personal computer screen when an Internet user accesses the Internet. Currently there is no effective regulation of pop-up advertisements and until their actions are regulated, civil litigation is the most viable option to stop pop-ups advertisements from invading the privacy of unknowing and unwilling Internet users.
