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How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims Image

How NY Courts Find Copyright Preemption of State Law Right of Publicity Claims

Stan Soocher

To survive preemption under §301 of the Copyright Act, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim. Courts typically find that state law claims, such as breach of contract, have an extra element. Other state law claims, such as conversion, get varying court determinations as to whether they are preempted.

Features

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board Image

Newberg, McCabe, Carson Will Preside Over Copyright Claims Board

Scott Graham

The U.S. Copyright Office has found some big names for its Copyright Claims Board.

Features

How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority? Image

How Will Courts Determine Business Expense Legitimacy Under SEC's New Disgorgement Authority?

Jorge deNeve, Michael Simeone & David Cohen

Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.

Features

Abbreviated Name Makes UCC Financing Statement Defective Image

Abbreviated Name Makes UCC Financing Statement Defective

Rudolph J. Di Massa Jr. & Keri L. Costello

In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.

Features

USPTO Looking to Beef Up Its Own Trademark Protection Image

USPTO Looking to Beef Up Its Own Trademark Protection

Scott Graham

The agency announced that the Department of Commerce has applied to register the USPTO's marks in a bid to crack down on scammers who are impersonating the agency.

Features

Virtual Reality or the New Reality of Virtual Practice? Image

Virtual Reality or the New Reality of Virtual Practice?

Mark Sangster

In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.

Features

Best Practices for Investigations In Remote Environments Image

Best Practices for Investigations In Remote Environments

Colin Jennings, David Meadows, Nicole Wells & John Winkler

The landscape of corporate investigations has changed dramatically in the last year. New regulations, new market pressures, new data sources and more challenging…

Features

Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme Image

Escape New York: Court Dismisses NRA's Chapter 11 As Improper Tactic to Avoid New York's Non-Profit Regulatory Scheme

Steven B. Smith & Silvia Stockman

This article explores the competing factors the Bankruptcy Court considered and the rationale underlying its decision to grant the drastic relief of dismissing the NRA's bankruptcy case.

Features

Attorney Competence In Technology Is In the Spotlight. Are You Competent? Image

Attorney Competence In Technology Is In the Spotlight. Are You Competent?

Tomas Suros

A summary of the key technology principles addressed in Formal Opinion 498, in which the ABA revised Model Rule 1.1 addresses virtual work environments and practices.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments Tenant Waiver of Claims for Lost Profits Upheld Landlord Not Liable for Tenant on Tenant Harassment

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