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<b>Counsel Concerns</b>Singer Toni Basil's Malpractice Suit Was Filed Too Late
February 01, 2012
Singer Toni Basil's legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard "Mickey," must be dismissed as time barred, a New York appellate court ruled.
Recourse Strategies In the New Age of .XXX Domain Names
February 01, 2012
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Misrepresentation Claim over Song in DVD Is Dismissed
February 01, 2012
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs' composition "I Am the Greatest" had been included in the defendants' DVD AND1' Mixtape' X.
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs
February 01, 2012
To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
UGC Campaigns and Right of Publicity
February 01, 2012
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
How Small Firms Can Win the Marketing Marathon
January 31, 2012
At the root of marketing anxiety for small firm and solo lawyers is the perception that there are so many potential clients, so little time to reach them and so many options for pursuing them.
Issues in Terminating Copyright Grants in Sound Recordings
January 30, 2012
The year 2013 may be a watershed in the music industry. It is the year that opens a new window in the Copyright Act through which many post-1977 grants of rights under copyright potentially could be terminated.
When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
January 27, 2012
This article analyzes different trends in the law concerning what constitutes a "claim" for purposes of an employment practices liability insurance policy.
Anti-Corruption Practices Survey Highlights Challenges Facing Companies
December 28, 2011
One of the Big Four accounting firms ' Deloitte ' has released a survey of anti-corruption, anti-bribery, and anti-fraud practices and trends at companies around the world.
SOPA Update
December 27, 2011
On Dec. 15 and 16, just as Congress was preparing to go dark until after the New Year, The U.S. House of Representatives Committee on the Judiciary held hearings on SOPA. And what seemed destined to be a long drawn-out fight by a few in attendance who were in opposition of passing the Bill against Committee Chairman and sponsor Lamar Smith (R-TX) and its many supporters, took a bizarre and sudden turn as Day 2 restarted after lunch ' and maybe more importantly, as Representatives' flights home for recess were in danger of being missed.

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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.
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  • 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.
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  • 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.
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  • 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.
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  • The Unlicensed Real Estate Broker in New York: Beware
    The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
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