The SEC Whistleblower Program
June 01, 2016
Last month, in Part One of this article, the authors examined the overall structure, operation and experience of the SEC's Whistleblower program over the first five years of its operation. In Part Two herein, they take a closer look at how the Office of the Whistleblower (OWB) processes Whistleblower claims.
The First Five Years of the SEC Whistleblower Program
May 01, 2016
With well-publicized SEC settlements now routinely tipping into the tens of millions of dollars, the monetary rewards to a successful tipster might be huge. The Dodd-Frank Act called those tipsters "Whistleblowers," and the SEC's official Whistleblower program opened for business in August 2011. Here's what has happened since.
Copyright Act Preempts Players' Publicity Rights for NFL Films
April 01, 2016
Twenty-three professional football players brought a class action lawsuit against the NFL, claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL. However, the other three players elected to pursue their suit.
i.think Therefore i.am? Not Exactly
February 29, 2016
Fame, they say, is fleeting ' but the brands and value they create are not. Little wonder the adopted names of certain stars become not only brands in the popular imagination, but also legally defended rights and trademarks.
Custody of Pets
February 29, 2016
While any pet lover knows that a pet is not a piece of furniture but, rather, is beloved and irreplaceable, it is not likely that the court will enforce any agreement until such time as the legislature takes action.
The Essentials of Collaboration Agreements for Literary Works
January 31, 2016
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).
Media & Communications: Upgrade Your PR Game!
January 31, 2016
Admit it: You've been doing the same thing for too long in an attempt to get your firm in the news. And it's just not working anymore. Below are five ways to be more effective in 2016.
<b><i>Media & Communications: </i></b> Why You Should Be Newsjacking
December 31, 2015
Newsjacking is a method of leveraging hot news items to generate brand recognition and client visibility. Successful newsjackers track breaking news and emerging trends, and use clever thinking to either make connections that put their clients front and center, or to simply insert their clients into a high-profile conversation that otherwise would never have included them.
Hidden and Creeping Franchise Fees
December 31, 2015
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.