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Checklist and Commentary on Defenses for Right of Publicity Claims Image

Checklist and Commentary on Defenses for Right of Publicity Claims

Schuyler M. Moore

This article is Part Two of a two-part series. Part One appeared in the April issue of <i>Entertainment Law &amp; Finance</i>. Part Two starts with a continuation of the author's discussion of First Amendment defenses to right of publicity claims.

Features

<b><i>Online Extra:</b></i> Nonprofits Ask Copyright Office to Reform DMCA Takedown Procedures Image

<b><i>Online Extra:</b></i> Nonprofits Ask Copyright Office to Reform DMCA Takedown Procedures

Jennifer Williams

At the end of 2015, the U.S. Copyright Office announced that it would take comments to determine the effectiveness of the safe harbor provisions in the Digital Millennium Copyright Act. It's clear that the Copyright Office will hear some complaints that the DMCA doesn't offer enough of a deterrent against abusive takedown notices.

Features

Equity Crowdfunding Image

Equity Crowdfunding

David H. Freeman & Jonathan Friedland

There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).

Features

When May a Director Inspect the Company's Books and Records? Image

When May a Director Inspect the Company's Books and Records?

Albert H. Manwaring IV

It is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."

Features

Cybersecurity Meets EDRM with the Cybersecurity Reference Model Image

Cybersecurity Meets EDRM with the Cybersecurity Reference Model

Jeff Scarpitti & Jared Coseglia

Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.

Features

10th Circuit Upholds Tax Reporting Law Image

10th Circuit Upholds Tax Reporting Law

Stephanie Forshee

Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.

Features

What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware Image

What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware

Ian D. McCauley & Laura G. Readinger

Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. This article serves as a primer on conducting e-discovery in the Delaware courts.

Features

Mitigating Data Breach Risk Image

Mitigating Data Breach Risk

Jason Straight

Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands ' Anthem, Blue Cross Blue Shield, Experian and Sony Pictures Entertainment, to name just some of the most notorious recent victims ' it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.

Features

Nursing Homes, Long-Term and Advanced-Care Facilities Image

Nursing Homes, Long-Term and Advanced-Care Facilities

Nathan C. Volpi

In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?

Features

M&A Litigation in Delaware Image

M&A Litigation in Delaware

Brian M. Lutz & Vivek Gopalan

Long accepted in Delaware (and in courts throughout the country), "disclosure-only" settlements were common in lawsuits brought by stockholders of a corporation sold in an M&amp;A transaction. These lawsuits alleged that directors of the seller breached their fiduciary duties in connection with the sale price and process, and through allegedly deficient proxy materials provided to stockholders in connection with their vote on the deal. In disclosure-only settlements, the seller would agree to provide additional disclosures in advance of the stockholder vote on the transaction.

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