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Determining Who Should Serve As the Billing Partner
December 01, 2019
Due to a law firm's team-oriented approach to business development and client service efforts, it is not always clear who should logically and most efficiently serve as the billing partner for a client or a particular client matter. A person should only be a billing partner if he or she is or will be performing the functions outline herein.
Digital Dive: New Report Reveals Opportunities for Improvement on Digital Marketing Strategy for Law Firms
December 01, 2019
For those of us who have devoted more years in legal marketing than we'd care to admit, it's heartening to see the field receiving the recognition it deserves. The demand for top talent has never been higher and marketing plans are getting more attention from firm management. Still, there is more work for law firms to do. That's particularly true in digital marketing.
Professional Development: Proactive Marketing for the Win
December 01, 2019
I Tend to Think of Marketing and Business Development Efforts In Four Buckets: Passive Marketing, Active Marketing, Reactive Marketing and Proactive Marketing The view of (most) law firm leadership has evolved, but there is a long expanse of ground between viewing the marketing function as a cost center and recognizing — and capitalizing on — its potential to drive revenue and profits.
Supreme Court, Finally, Takes Up Google v. Oracle
December 01, 2019
The U.S. Supreme Court has jumped into a titanic copyright battle between Oracle Corp. and Google LLC with both barrels. The court's involvement is sure to reignite a 50-year-old debate over how much, if any, software should be subject to copyright, and the contours of the fair use defense in the digital age.
More Chinese Companies Are Joining U.S. Firms to Fight Patent Trolls
December 01, 2019
Some of China's largest companies have banded together with major brands in the United States and elsewhere to neutralize "patent trolls," an indication that the country's firms are becoming increasingly concerned about patent infringement litigation.
IP News
December 01, 2019
U.S. Supreme Court to Hear Booking.com Trademark Case
Film and Music Cases Result in Different Outcomes for Default Judgment Motions
December 01, 2019
Non-payment of monies is an all-too-common complaint in the entertainment industry, with frustrated plaintiffs in many cases seeking default judgments against defendants who fail to respond to lawsuits seeking payment. Two new Central District of California federal court decisions illustrate — after the judges sort through the factors for determining whether to grant a default judgment — how consideration of the amount of money at issue resulted in different outcomes on whether to enter a default judgment.
Editor's Note
December 01, 2019
We sadly note the November passing of long-time Entertainment Law & Finance editorial board member Jay Rosenthal.
Photo Cases Test Copyright Law and Embedded Tweets
December 01, 2019
A New Yorker who settled a copyright lawsuit against several news outlets over a photo he took of star quarterback Tom Brady and Boston Celtics manager Danny Ainge has struck again. This time he's suing a radio station owner in Florida federal courts in a case that could test the boundaries of an emerging area of copyright law, raising major questions about how media companies incorporate social media posts into online stories.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    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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  • Meet the Lawyer Working on Inclusion Rider Language
    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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