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Highlights from ALM's Business Development and Marketing Leadership Forum 2012
June 28, 2012
<i>The American Lawyer</i> recently sponsored the "Law Firm Marketing &amp; Business Development Leadership Forum" during which CMOs and law firm leaders gathered to learn and discuss a series of thought-provoking sessions that help them to optimize their firm's marketing and business development function. With the insightful input of the summit's co-chairs and faculty, we provide a recap of some of the high-impact topics presented.
Foreign Corrupt Practices Act Presents New Risk for Franchisors
June 25, 2012
No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act, a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But that is just a matter of time.
Taxes 101 for New Law Firm Owners
June 25, 2012
This article addresses the key items a newly promoted law firm owner should know regarding his or her changed individual tax situation.
Erratum
May 31, 2012
The Bit Parts item on <i>Troma Entertainment Inc. v. Centennial Pictures Inc.</i>, in the May issue should have reported that the U.S. District Court for the Eastern District of NY was the deciding court.
Bit Parts
May 31, 2012
Jazz Artist's Daughter Can't Pursue Conspiracy Claim over Music Royalties<br>S.D.CA's Key Points in "YMCA" Lyrics Assignment Termination Case
Cameo Clips
May 31, 2012
RIGHTS IN BAND NAMES/MARVELETTES DISPUTE<br>FILM DISTRIBUTION/RIGHTS LIMITATIONS
Counsel Concerns
May 31, 2012
CA Filing Time Is Applied to Malpractice Suit in WA Federal Court<br>No Selective Waiver of Attorney/Client Privilege Allowed in Superman Litigation
First Circuit Hears Arguments in Suit over A&E Photo Use
May 31, 2012
In May 2012, the U.S. Court of Appeals for the First Circuit considered a photographer's case against television companies over alleged infringement of his image of a notorious imposter who called himself Clark Rockefeller.
TV Writers' Lawyers Fight over Fee Award
May 31, 2012
For a class of older television writers suing studios, networks and talent agencies for age discrimination, a $70 million settlement reached in 2010 was a happy ending. For the writers' lawyers, though, it was only the opening act in a story line that might seem clich' to some of their clients ' a fight over money.
Disqualification Dilemma for Expert Witnesses
May 31, 2012
Strategic disqualification is a tactic in which a recognized expert is interviewed by a prospective client to determine where the expert stands on a particular fact pattern. But the client's attorney may not be really interested in the actual expertise of the witness elect, nor is the lawyer interested in whether or not the witness will opine in the client's favor. This attorney has only one agenda: to create the appearance of a relationship substantial enough so the opposing counsel can't also consult with the expert.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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