Federal Courts in CA, VA Consider Int'l Copyright Laws
May 27, 2011
To what extent does a foreign country's copyright law affect infringement litigation in the United States? Federal district courts in California and Virginia recently considered different aspects of this issue.
Social Media and Negotiating Celebrity Endorser Morals Clauses
May 27, 2011
One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.
Market Potential for Franchising in Africa
May 26, 2011
Several African countries are demonstrating that they have the market size, growth, opportunities, and developing laws to support franchise development that would be attractive to forward-thinking, established franchisors and entrepreneurs looking for new investments.
Tax Issues in Employment Mediations
May 26, 2011
There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.
FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry
May 24, 2011
When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.
Ruling Clarifies <i>Situs</i> of Injury for Online Infringement Claims
April 28, 2011
Declaring that the Internet "plays an important role in the jurisdictional analysis in the specific context of this case," the New York Court of Appeals has ruled that in copyright infringement cases involving the uploading of a copyrighted printed literary work onto the Internet, the situs of injury for purposes of determining long-arm jurisdiction under NY CPLR 302(a)(3)(ii) is the location of the principal place of business of the copyright holder.
Bit Parts
April 28, 2011
Bruce Lee Enterprises Can Proceed with False Endorsement Claim<br>Contributory Infringement Claim over Terminator Is Dismissed<br>Eastern District of New York Illuminates Infringement Test for Reality TV Series
TV Reality Show Arbitration Clause Binds Non-Signing Participant
April 28, 2011
A teen beauty who slapped The Walt Disney Co. with a $100 million suit claiming she had been depicted as a bratty child on the reality TV show <i>Wife Swap</i> will not have her day in court. Alicia Guastaferro was 15 when her mother signed a release and waiver for her TV appearance, during which the daughter made the comment that she felt "sorry for people who aren't as gorgeous as me." Even though Guastaferro did not execute the release, Acting New York County Supreme Court Justice Saliann Scarpulla nonetheless held that she was bound by its arbitration clause.
