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California Talent Agencies Act Isn't “Vague”
The U.S. Court of Appeals for the Ninth Circuit upheld a federal district court's dismissal of a challenge by personal managers to the licensing requirements of the California Talent Agencies Act, Calif. Labor §1700 et seq. National Conference of Personal Managers Inc. (NCOPM) v. Brown, 15-56388. The U.S. District Court for the Central District of California had ruled that the phrase “procur[ing] employment” in §1700.44, for when a state license is needed when getting work for talent, wasn't unconstitutionally vague. The Ninth Circuit noted the California Court of Appeal found in Wachs v. Curry, 13 Cal. App. 4th 616 (1993) that “the term 'procure' is used with respect to employment in several other California statutes and is not 'so lacking in objective content as to render the [Talent Agencies] Act facially unconstitutional' or unconstitutional as-applied here.” The Ninth Circuit also affirmed dismissal of the NCOPM's claim under the U.S. Constitution's commerce clause by not allowing for out-of-state licenses. On this, the appeals court explained that TAA §1700.19(b) “merely provides than an actual license must contain an address of the location in which the licensee is authorized to conduct business as a talent agency — the law does not preclude out-of-state parties from becoming licensed talent agencies.”
Motion to Amend Is Granted In Dispute Over Sale Opportunity for Ben E. King Song Royalties
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.