Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'
June 01, 2022
A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.
Components of Legal Work On NFTs
June 01, 2022
With a significant amount of NFT activity arising from the entertainment and sports industries comes an inevitable need for legal services. But taking advantage of this economic growth is no simple matter for entertainment, media and sports lawyers. It requires an understanding not just of NFT transactions, but also of data security, intellectual property, public policy, and a whole raft of regulatory and compliance issues.
A Primer on Landlord Exculpatory Provisions In Leases
June 01, 2022
Keystone Specialty Services Co. v. Ebaugh
Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Trademark Oppositions and Coexistence Agreements
June 01, 2022
There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.
Fresh Filings
June 01, 2022
Notable court filings in entertainment law.
After Another Big Year, Law Firms Should Plan for Recession
June 01, 2022
Planning for the downturn in a clear, methodical way by investing the existing good fortune that most firms enjoy into strengthening your technical infrastructure, trimming expenses, and rethinking how administrative services are delivered to the attorneys.
Preferred Equity In Peril?
June 01, 2022
Two Recent Cases Shed Light on Potential Risks to Preferred Equity Holders in Chapter 11
Preferred equity is a varied and flexible instrument, but, in practice, it typically has a limited number of common features. One feature is that it is entitled to a "liquidation preference" ahead of common stock. Whether the liquidation preference of preferred equity entitles preferred shareholders to priority over common shareholders in a Chapter 11 reorganization is a question that figured prominently in two recent high profile cases.
