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Bit Parts
Rick Ross Defeats Trademark Suit over Mastermind Album<br>TV Host's Course of Conduct During Life Bars Estate From Getting His IP and Publicity Rights
Best Practices for Social Media Advertising
Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.
What Has Merit Management Changed?
It has been nearly two years since the Supreme Court upended the world of the Bankruptcy Code securities safe harbor with its decision in <i>Merit Management Group, LP v. FTI Consulting, Inc.</i>. For all of the speculation regarding its consequences, there have been few subsequent lower court decisions applying <i>Merit Management</i>, however those cases provide valuable guidance to practitioners facing safe harbor litigation as well as transactional lawyers looking to take advantage of safe harbor protections.
In the Courts
Seventh Circuit Distinguishes Between Truth and Truthiness
Marketing Tech: 7 Habits of Effective Online Marketers
The advantage of online marketing is that it is one-to-many, as opposed to in-person marketing which is one-to-one. By adopting the seven habits of effective online marketers, CMOs can generate more business for their law firms.
Lawyers: Being Paid Shouldn't Be Like Pulling Teeth!
<b><i>What Lawyers Can Learn From Dentists</b></i><p>Nobody enjoys visiting the dentist, but everybody knows you still must pay him or her on the day of service. Attorneys, however, have historically let the client lead the payment dance. Lawyers do the work and hope/expect to be paid without waiting too long or discounting the invoice too steeply. What can we do differently?
Upcoming Event
New York State Bar Association Entertainment, Arts &amp; Sports Law Section Annual Spring Meeting
IP News
Federal Circuit Declines to Follow Patent Office's Subject Matter Eligibility Guidance In Affirming Trial Court's Decision That Claims Are Directed to Patent-Ineligible Subject Matter
Business Crimes Hotline
To Release or Not Release Grand Jury Documents? The D.C. Circuit Says No.
A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h)
With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.

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  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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  • Reining in the Inequitable Conduct Defense
    Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.
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  • Authorship and Copyright In Hybrid AI-Human Collaborative Works
    The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process
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