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First Circuit Hears Arguments in Suit over A&E Photo Use

May 31, 2012

In May 2012, the U.S. Court of Appeals for the First Circuit considered a photographer's case against television companies over alleged infringement of his image of a notorious imposter who called himself Clark Rockefeller.

TV Writers' Lawyers Fight over Fee Award

May 31, 2012

For a class of older television writers suing studios, networks and talent agencies for age discrimination, a $70 million settlement reached in 2010 was a happy ending. For the writers' lawyers, though, it was only the opening act in a story line that might seem clich' to some of their clients ' a fight over money.

Disqualification Dilemma for Expert Witnesses

May 31, 2012

Strategic disqualification is a tactic in which a recognized expert is interviewed by a prospective client to determine where the expert stands on a particular fact pattern. But the client's attorney may not be really interested in the actual expertise of the witness elect, nor is the lawyer interested in whether or not the witness will opine in the client's favor. This attorney has only one agenda: to create the appearance of a relationship substantial enough so the opposing counsel can't also consult with the expert.

The Impact of the 2012 Jobs Act on Independent Film Financing

May 31, 2012

The newly enacted federal JOBS Act of 2012 (H.R. 3606; http://bit.ly/JfRRg2) impacts independent film financing by loosening the restrictions on companies ("issuers") raising capital via securities offerings that are exempt from registration with the Securities Exchange Commission (SEC).

June issue in PDF format

May 31, 2012

Movers & Shakers

May 31, 2012

Who's doing what; who's going where.

News Briefs

May 31, 2012

Highlights of the latest franchising news from around the country.

Court Watch

May 31, 2012

Highlights of the latest franchising cases from around the country.

Successful Mediation Tactics and Strategies

May 31, 2012

A session at the International Franchise Association's 45th Annual Legal Symposium on May 20-22 in Washington, DC, addressed the key issues that franchise attorneys should consider prior to and during a mediation.

Managing 'Perfect Storm' Litigation for a Franchise System

May 31, 2012

A franchise system may find itself in a no-win situation in which all potential solutions or avenues of escape lead to a result that is tantamount to death of the system: bankruptcy, closure of the system, or a dramatic change in the system's business and sources of revenue. This article provides 10 litigation management measures that outside counsel and the system should take to manage perfect storm litigation.

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How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
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Intellectual Property
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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The Binding Effect of Plea Agreements In White Collar Crimes
Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
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Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
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Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
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