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.
Employers Get a Data Privacy Win At the European Court Of Human Rights
February 29, 2016
One of the biggest challenges for U.S. employers, investigators, and e-discovery practitioners in cross-border litigation involving European companies or citizens has been obtaining digital data about European individuals. The privacy rights European citizens have ' under both EU and member state law ' are significant.
Internet Task Force Examines Copyright In the Digital Age
February 29, 2016
On Jan. 28, the Commerce Department issued a much-anticipated policy statement entitled "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy." This article briefly describes the white paper's scope and recommendations, with a focus on the issue of statutory damages, as to which the white paper proposes several amendments to the current Copyright Act.
Sup. Ct. To Clarify <i>Fogerty</i> Copyright Attorney Fees Factors
February 29, 2016
For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder.
Data Breach Liability
February 29, 2016
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands, it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
Bankruptcy Code Section 1113 Trumps NLRA
February 29, 2016
A significant problem confronting many debtors seeking to reorganize through Chapter 11 involves the resolution of labor contract issues. A recent decision from the U.S. Court of Appeals for the Third Circuit will likely impact how that problem is solved by debtors teetering on the brink of, or already in, Chapter 11 where their operative collective bargaining agreement has or soon will expire.
Bit Parts
January 31, 2016
Protective Order Modified To Restrict Disclosure of Film Production Company's Operations Within Defendant Investment Firm<br>Tax Court Decides Production Set Builder Is Independent Contractor
First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events
January 31, 2016
Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.
Texas Can Deny Film Grant over Movie's Content
January 31, 2016
In a ruling certain to disappoint those who want to film B-grade action movies in Texas on the cheap, the U.S. Court of Appeals for the Fifth Circuit decided that the producers of <i>Machete Kills</i> don't have a First Amendment right to an incentive grant from the Texas Film Commission.
