What Lawyers Can Learn from Poker Players
June 02, 2017
Litigation is often compared to chess. The image is evoked of a lawyer strategically developing evidence and making arguments the same way a chess player moves and sacrifices pieces on a chessboard, to defeat an opponent. But ask any trial lawyer, and he or she will tell you that litigation is nothing like chess. The better analogy and, more importantly, the better place to turn for useful practice pointers, is poker. Here's why.
FTC's Letter to Paid 'Influencers'
May 02, 2017
In the digital age, the Federal Trade Commission (FTC) has been keeping tabs on the growing trend of brands hiring so-called "influencers" — athletes, celebrities and others with large followings — to promote their products on social media. In April, the FTC turned its attention downstream to the "influencers" themselves, sending 90 letters to influencers and marketers informing them of their responsibility to "clearly and conspicuously" disclose the business relationships behind social media posts.
A Look at Right of Publicity Suit Over <i>Gears of War</i>
May 02, 2017
Celebrities who are fiercely protective of their image and branding fight back, bringing an increasing number of lawsuits when it appears that a video game creator has borrowed without permission. These right of publicity cases highlight the tension that exists between the rights of public figures to control the way their image and likeness is used in commercial contexts and the First Amendment.
Can Instagram Post of Photo Become Transformative?
May 02, 2017
An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.
BIT PARTS
May 02, 2017
California Court of Appeal Interprets Incontestability Clause in Profit Participation Agreements<br>Eleventh Circuit Affirms Counterfeit DVDs Restitution Award for Hollywood Studios
UPCOMING EVENT
May 02, 2017
New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting
BOOK RELEASE
May 02, 2017
The 11 Contracts That Every Artist, Songwriter, and Producer Should Know by Steve Gordon
Restaurant Industry Chapter 11 Bankruptcies
May 02, 2017
The past year has brought a wave of restaurant businesses filing for reorganization in Chapter 11. With inherently low profit margins, increased competition, limited pricing flexibility and a propensity for expansion without the support of underlying business fundamentals, the industry is particularly susceptible to business failure.
