Australian Court Finds For Music Company
October 03, 2005
Justice Murray Rutledge Wilcox of the Federal Court held that certain defendants associated with Sharman Networks were liable for "authorization" of copyright infringement as a result of having distributed the Kazaa file-sharing software. <br>Notwithstanding substantial differences between the legal systems and copyright jurisprudence in Australia and the United States, <i>Grokster</i> and <i>Sharman</i> demonstrate remarkable similarities in analysis.
Are Your Lease Payments Still Deductible? The Confounding IRS Guidance Limiting the 'Entertainment' Use of Business Aircraft
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") in the American Jobs Creation Act of 2004 ("AJCA"). 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>, 114 T.C. 197 (2000), <i>aff'd</i> 255 F.3d 495 (8th Cir. 2001), <i>acq.</i> AOD 2002-02 (Feb. 11, 2002), and prompted the Internal Revenue Service ("IRS" or the "Service") to issue guidance containing a myriad of rule changes and hinting at others, leaving tax practitioners scratching their heads and companies running for cover.
Substance Over Style As a Winning Combination
October 03, 2005
It is unfortunate that firms do not fully understand or appreciate the importance of marketing and communications, but nevertheless continue to throw money at their programs without analyzing their needs. The firms that made the list were chosen on the basis of their accomplishments and not as much about their staffing or budgets. While these aspects were taken into consideration, the number of staffers and the budgets did not affect the final listing. Some firms actually do quite a bit more with less staff and less money. As a veteran of law firm marketing and communications, I felt extremely confident in including these firms because I know what they are about and I know their people. The valuation of all the firms is reflective of programs that are differentiators in the world of law firms and in many ways mirror Corporate America's marketing programs. <br>Some of the more important aspects of several marketing and communications programs that struck a chord as having well thought-out and meaningful programs that provide a glimpse into the substance over style world of law firm marketing and communications programs.
Venture Capital-Free Accelerated Monetization of Non-Core IP: A Case Study of an Innovation Company
September 01, 2005
Monetizing non-core IP is rational, practical, and increasingly common. The IP literature is now rich with examples of accelerated monetization of cash-generating IP through the transfer of assets and risks, usually assisted through some form of structured finance. The literature is even richer with countless examples of painstakingly slow monetizations of non-cash-generating IP usually through joint ventures or venture capital-backed transactions. We describe a case in which non-core IP was monetized rapidly after which the bulk of the reward potential remained in the hands of the original IP owners. We suggest that when non-core IP is generated consequent to market demand in the course of the Parent's operations, and merely happens to reside outside the Parent's core business, a rapidly structured Parent-financed spin off can create accelerated financial and strategic benefits.
Not All Property Rights Are Created Equal
September 01, 2005
You've been there and know the terrain: The law breaks property into two categories -- real and personal. If the object of a transaction is found to be personal property, then it is subsequently categorized as either tangible or intangible. In the realm of interconnected networked computers, however, although broadly categorized as personal property, Internet property has characteristics of tangible and intangible property. Consequently, attorneys must take the special nature of Internet property into consideration when attempting to resolve or avoid legal difficulties relating to an Internet transaction, something, of course, to which e-commerce ventures find themselves at ongoing risk and dealing in round-the-clock daily.
Losing Grasp Of Technology
September 01, 2005
Let me say one word: Internet. Now, how about a couple more: Broadband Access. It's my contention that the security problems we face today in the forms of unsolicited e-mail, virus infection, phishing scams and the dreaded identity-theft issues are the direct result of giving access to powerful computers attached to the Internet via broadband access to users who are unqualified to own, use and operate such technology.
Attorney Fees Rulings
August 31, 2005
A Manhattan federal district court declined award attorney fees to defendant booking agents and concert promoters who prevailed in a suit by black concert promoters alleging race discrimination in concert bookings. <i>Rowe Entertainment Inc. v. The William Morris Agency Inc.</i>, 98 Civ. 8272 (RPP).
Index
August 31, 2005
Everything contained in this month's issue in an easy-to-read format.
The Progressive Lawyer
August 31, 2005
In March of this year, in Part One of this article, we discussed the importance of the initial pendente lite application in introducing the parties to the judge and setting the tone for the balance of the case. The mandate that we provide judges with sound, hard evidence at the <i>pendente lite</i> phase -- in order to enable the courts to deal fairly with both sides pending the submission of final proofs -- was heavily stressed.
