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Counsel Concerns
Amendment Denied For Malpractice Suit Over 'Bowie Bonds'<br>Malicious Prosecution Suit Is Reinstated Against Manatt Phelps
Cameo Clips
COPYRIGHT DAMAGES/STATUTORY 'WORK'<br>COPYRIGHT JURISDICTION/RELATED CONTRACT CLAIMS
Mysterious Lawyer Is at Center of Suit Against Counsel To 'Superman' Heirs
Given that the story lines played out in Superman comic books are full of shadowy figures with dark motivations, it seems fitting that the real world legal fight over who owns the rights to the Man of Steel would feature such a character in a pivotal role. On May 14, Warner Bros. sued Marc Toberoff, the lawyer for the comic icon's co-creators' families, in federal court in Los Angeles, accusing him of engaging in a "scheme" to "enrich himself" by trying to wrongfully seize control of a substantial chunk of the Superman property.
Copyright Ruling on Photo Registrations
Talk about winning on a technicality. In a copyright infringement case brought by photographers who sued Houghton Mifflin Harcourt Publishing Co. over the allegedly unapproved use of their photos, Chief Judge Loretta Preska of Manhattan federal district court ruled in May that the works at issue had not been properly registered. Judge Preska threw out most of the photographers' claims in her 24-page ruling.
NFL Antitrust Immunity Bid Tackled By Supreme Court
The U.S. Supreme Court late last month dashed the hopes of the National Football League for baseball-style immunity from antitrust laws, with justices ruling unanimously against the league in a dispute over NFL-licensed apparel.
Suit By Author Michael Connelly Is Good Reason to Take Close Look at Film Turnaround Provisions
It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled. For this reason, the producer attempts to structure the acquisition agreement with the book author in the form of an option coupled with a self-executing purchase agreement. The option period gives the producer time to complete development activities, and if the option is exercised, the purchase agreement transfers audiovisual rights without further discussion.
Ten Issues to Consider in Launching a Social Media Presence
Intellectual property and advertising issues have emerged in the forefront of social media law. This article provides a brief look at 10 of these issues.
Five Steps to Managing Social Media Risks
On the one hand, companies want to capture the attention of potential customers roaming the social media space. On the other hand, conversations in the blogosphere are largely uncontrollable, and raise myriad risks. Social media can cause serious losses if not handled correctly.
Portion of Expert's Lost Development Deals Damages Ruled Too Speculative
A magistrate for the U.S. District Court for the Southern District of Texas has excluded a significant portion of an expert's damages testimony in a suit by book author Michael Baisden alleging that the defendants exceeded the scope of a license to produce stageplays of Baisden's novels <i>The Maintenance Man</i> and <i>Men Cry in the Dark</i>.
Five Steps for Managing the Risks Associated with Sensitive Data
The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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