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We found 2,596 results for "Entertainment Law & Finance"...

Is a Retroactive Publicity Right Constitutional?
February 26, 2009
Was Marilyn Monroe domiciled in New York and not California when she died in 1962? If it was California, the company succeeding to her rights might have publicity rights after her death, if that state's statute extending publicity rights back from when the statute originally took effect was constitutional. The new California statute is retroactive as well as prospective. Monroe, of course, never heard of publicity rights, which were enacted in California in 1984. If it was New York, there are no publicity rights, only privacy rights, which ended with her death.
Ninth Circuit to Plaintiff: Game Over! Virtual 'Pig Pen' Protected By First Amendment; 'Barbie Girl' Case Extended to Non-titular Expressive Works
February 26, 2009
In the intersection between trademark rights and the First Amendment, the Ninth Circuit upheld the District Court's grant of summary judgment finding that the First Amendment protected the look of a video game's virtual strip joint, as well as the use of the Pig Pen name.
e-Commerce Takes A Hit From Falling Economy, But Remains Brisk
February 26, 2009
The battered economy appears to have caught up with e-commerce, by the way the U.S. Census Bureau's estimated retail sales for the fourth quarter of 2008 look.
Practice Building Skills: Eight Recession-Busting Tactics
February 25, 2009
According to the 2008 ACC/Serengeti Managing Outside Counsel Survey, median spending on outside counsel last year fell 9.1% ' to the lowest level in 8 years. A growing amount of work is being kept in-house, and 40%-plus of corporations have fired some of their outside counsel during the prior year. Here's how to thrive.
The Treasury Department's Guidelines on Executive Pay
February 20, 2009
President Obama and Treasury Secretary Timothy F. Geithner stood together on Feb. 4, 2009, to announce the Treasury Department's new set of guidelines restricting executive compensation at financial institutions that receive governmental money. Here's what this entails.
The Treasury Department's Guidelines on Executive Pay
February 19, 2009
The guidelines were designed to strike a balance between the financial industry's need to attract top talent to lead in the current economic climate and the public's interest in requiring transparency and accountability. They require not only disclosure of, but an explanation and justification of the policy supporting certain compensation decisions. Here's how they work.
Veoh: Increased Protection for Service Providers, Or a Trapdoor?
January 30, 2009
The August 2008 ruling in <i>Io Group, Inc. v. Veoh Networks, Inc.</i>, has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media.
Gripe Sites: Sue or Stew
January 30, 2009
Gripe sites are Web sites whose purpose is to complain, criticize, and revile businesses or other institutions. So, what to do.
Revisiting MLF 2008: What You Missed!
January 29, 2009
Last month, Marketing The Law Firm took a look back at 2008 with pared-down versions of one article each from our January to June issues. In this issue, we continue to look back at 2008 with articles from the July to December issues.
What's in a Domain Name? The Changing Internet
January 29, 2009
Generic, top-level domain names (gTLDs), such as .com or .net, are the sorters of the Internet. They serve the single purpose of identifying the database in which a domain name is registered. Last June, ICANN reversed its long-held position and announced that it would allow an unlimited number of generic top-level domains.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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