Ninth Circuit Upholds Marley Estate False Endorsement Claim
February 28, 2015
The U.S. Court of Appeals for the Ninth Circuit decided there was sufficient evidence to support a jury's finding that merchandiser A.V.E.L.A. violated the Lanham Act by using the unlicensed image of Bob Marley on t-shirts and other merchandise in a manner likely to cause confusions.
Corporate Trends Worth Considering
February 28, 2015
Now that the first quarter of the calendar year is almost over, it is helpful to identify trends that might warrant particular attention from corporate executives and their counsel. Here are the details.
Case Notes
February 28, 2015
Discussion of two key cases.
Mind Your Step: Navigating Landmines in the Joint Defense Landscape
February 28, 2015
In the mass tort litigation context, where one plaintiff typically brings similar claims against numerous defendants within a particular industry, the coordination of defense efforts among codefendants can be a very prudent course of action. This practice, however, is fraught with landmines that can have a devastating effect on clients and practitioners alike.
Lawyer, Code Thyself
February 28, 2015
Chances are you don't need to be convinced of the merits of learning to program or, in the parlance of today's startup culture, learning "to code." You already understand not only the professional opportunities it opens but also how it empowers you to solve your own problems. As software disrupts industry after industry, the winners will be either those writing the code or those who understand enough about coding to organize others to do it.
NY's Highest Court Grants License to Change NY's Licensing Law
February 28, 2015
A year ago, York's highest court, the Court of Appeals, appears to have redefined and narrowed the limits of what distinguishes a license from a lease by expanding the scope of what may be deemed a license. In doing so, the court adopted an approach it had never previously used in such cases.
Federal Judge Rules For Defendant in Porn Copyright Case
February 28, 2015
An anonymous <i>pro se</i> defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
Technology for Meaningful Legal Collaboration
February 28, 2015
Current discussions of electronic discovery and legal technology often focus on strategies for managing large volumes of data as it is funneled through different phases of the EDRM. Yet an important part of the discovery process ' case analysis and legal strategy ' has been a niche left unaddressed by traditional technologies.
How to Obtain Social Media Data For Defending Lawsuits
February 28, 2015
Obtaining social media user content under most circumstances is extremely difficult ' unless you use the correct strategy. Simply sending discovery requests without a basic understanding of the information available is a fool's errand. It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data.
Creditors' Rights in Chapter 11: Use Them or Lose Them
February 28, 2015
The old adage "use it or lose it" applies at every stage of a Chapter 11 case.Nowhere is this seemingly harsh ' but essential ' reality more evident than in the ongoing saga of a group of three holders of gift cards, totaling $225.00 in value, issued by the now-defunct Borders bookstore chain.
