Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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The National Opioid Epidemic: The Emergence of a Multi-Layered Approach
February 01, 2018
On Oct. 26, 2017, Eric D. Hargan, Acting Secretary of the Department of Health and Human Services, announced that, as a result of the opioid epidemic, “a public health emergency exists nationwide.” As a result, counties, states and the federal government have mounted an attack on the pharmaceutical industry.
Cybersecurity Spending at Law Firms, Legal Departments Is Predicted to Increase in 2018
February 01, 2018
As law firms and legal departments finalize their 2018 budgets, many lawyers in both the United States and Canada plan to increase cybersecurity spending.
Recovering Administrative Claims in Chapter 9 Bankruptcy and Title III of PROMESA
February 01, 2018
Municipal bankruptcies under Chapter 9 of the Bankruptcy Code are rare. These cases are often filed to adjust bonded indebtedness and pension obligations. Congressional authorization for Puerto Rico and its instrumentalities to file for bankruptcy under the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was similarly out of concern for excessive bond debt and pensions.
Five Ways to Eliminate the Need for a Corporate Monitor
February 01, 2018
Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.
Regulating Interior Landmarks
February 01, 2018
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
Federal Circuit Holds That PTAB's Determination on Whether the One Year Time-Bar Is Triggered in <i>Inter Partes</i> Review Is Reviewable on Appeal
February 01, 2018
On Jan. 8, 2018, the Federal Circuit issued its significant <i>en banc</i> decision in <i>Wi-Fi One, LLC v. Broadcom.</i> In that decision, the Federal Circuit held that the time-bar of 35 U.S.C. §315(b) is reviewable on appeal, thus overturning a prior panel decision and opening the door for parties to challenge how the USPTO has interpreted and applied that statutory provision.
More Developments in NFL Concussion Litigation
February 01, 2018
Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.
Professional Development: The Quest for Work-Life Balance
February 01, 2018
<b><i>Designing Your Week</b></i><p>More than ever before, law firms are recognizing the importance of work-life balance for their employees, offering benefits such as flexible work schedules and working remotely. The acknowledgement itself is important, but unfortunately, it does not guarantee the balance we hope to achieve, especially for younger marketing and business development professionals looking to advance in their careers.
<i>Legal Tech:</i> Peril in Paper: <i>EEOC v. GMRI</i> and the Digital Divide in e-Discovery Sanctions
February 01, 2018
There was a time not so long ago when the term “e-discovery” didn't exist. It was known simply by its legal name, discovery. We're now entering an era where some observers feel the term will fade into history, returning us back to simply calling it discovery.
Trademark Board's Precedential Ruling on Use in Commerce
February 01, 2018
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
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- An Overview of Recovering Trademark Infringement DamagesThis article discusses recovering damages for trademark infringement and various strategies for establishing those damages.Read More ›
- Removing Restrictive CovenantsIn Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
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- The Unlicensed Real Estate Broker in New York: BewareThe U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.Read More ›