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Counsel Concerns
Conflicts Addressed In Defending Copyright Suit
Indemnification provisions are commonly used in entertainment industry contracts. This includes authors indemnifying companies in copyright disputes that may arise over material an author submits to a company for use. The frequency of copyright infringement claims by plaintiffs claiming that their materials were stolen by defendant writers and companies raises the issue of whether lawyers representing such defendants may face conflicts of interest.
Under the Rule DR 5-105 of the American Bar Association Model Code of Professional Responsibility, a lawyer generally can't represent multiple clients in a case in which the lawyer's independent professional judgment will or will likely be adversely affected by representing parties with differing interests. The rule was tested in a recent case in which plaintiff Marie Flaherty claimed in Manhattan federal district court that writer Jason Filardi and the Walt Disney Co. infringed on her screenplay “Amoral Dilemma” with the film “Bringing Down the House.” Both Filardi and the studio were represented in the case by the law firm of Quinn Emanuel Urquhart Oliver & Hedges.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?