Practice Tip: Try Technology in Trying Cases
June 28, 2004
Today, television has become the dominant medium for the dissemination of information and entertainment, and the trial lawyer who ignores this basic reality of American life does so at significant peril to his or her case. The effective trial lawyer will continue to rely on the timeless tactics of credibility, emotional appeals, and logic. Nevertheless, in order to persuade a jury effectively, the trial lawyer must deliver the case themes and facts in a way that is consistent with how jurors process information in our high-technology age.
Grappling With Liability Issues For Entertainment Attorneys
June 01, 2004
Attorneys are faced with a variety of potential liability issues in handling matters for clients. Malpractice insurance can help, but such policies don't eliminate the raising of liability claims. These claims may include disqualification of counsel based on alleged adverse interests of clients, malpractice allegations based on transactional and litigation work and the threat of Rule 11 sanctions. <br>The entertainment business presents its own lawyer liability concerns.
Bit Parts
June 01, 2004
Recent developments in entertainment law.
Editing Software Reignites Ire Of Film Directors
June 01, 2004
This spring, RCA launched a DVD player that includes a software program by ClearPlay Inc. that is preprogrammed to filter out nudity, sex, violence and harsh language from hundreds of movies ranging from "Lost in Translation" to "The Cat in the Hat." <br>The technology has created a furor in Hollywood, with a group of 16 prominent directors ' including Stephen Spielberg, Martin Scorsese, Robert Redford and Stephen Soderbergh ' teaming up with seven motion picture studios to get it off the market. The directors claim the editing violates their trademarks by mutilating and diluting their movies, while the studios argue it infringes their copyrights by creating derivative works.
Attorney Fees Update
June 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Arbitration Update
June 01, 2004
Many contracts in the entertainment industry include arbitration clauses. <i>EL&F</i> will periodically provide updates on how courts are interpreting and enforcing these clauses and appeals to arbitrators' rulings.
Cameo Clips
June 01, 2004
Recent cases in entertainment law.
Courthouse Steps
June 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b>Decision of Note:</b><b>Agency Contract Found Properly Disaffirmed</b>
June 01, 2004
A Manhattan federal district court granted summary judgment dismissing a claim against a Canadian modeling agency for tortious interference with contract. <i>NYC Management Group Inc. v. Brown-Miller</i>. The defendant had secured New York agency representation from the plaintiff's modeling agency for 16-year-old Jessica Stam, who later disaffirmed the minor's contract based on her unhappiness with the plaintiff's agency.