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Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Fair use is never simple

by Thompson Coburn LLP on

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone....more

Commercial Division Rejects Employers’ Plea For Trade Secret and Trademark Protection

When employees resign, the scope of the trade secret doctrine often defines the relationship between former employers and their employees. Trade secret misappropriation claims frequently overlap with other claims arising out...more

O’Bannon’s End: Supreme Court Rejects Appellate Review

The lawsuit against the NCAA over whether Division I men’s basketball and football players can be compensated for the commercial use of their names, images and likenesses came to an abrupt end on Monday as the U.S. Supreme...more

Daily Trade Secret Theft for Daily Fantasy Sports?

by Seyfarth Shaw LLP on

While season-long fantasy sports leagues have long been in existence, the emergence of daily fantasy sports (“DFS”) has been relatively recent. DFS allows participants to enter daily contests for money where a salary cap is...more

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

by McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

BAG bestätigt außerordentliche Kündigung wegen Herstellung privater „Raubkopien“ am Arbeitsplatz

by McDermott Will & Emery on

Unabhängig davon, ob darin zugleich ein strafbewehrter Verstoß gegen das Urheberrechtsgesetz liegt, kann das Kopieren von Bild- und Musik-Dateien auf dem Dienstrechner eine fristlose Kündigung rechtfertigen. Diese Meldung des...more

Hacking Your Rivals – Corporate Espionage in Major League Baseball

As we approach the dog days of summer, baseball season is again in full bloom. We previously discussed old-fashioned sign stealing in the context of teams trying to gain a competitive advantage during an actual game. But it...more

Maintaining the Magic: Disney's Use of Confidentiality Restrictions to Promote Character Integrity

by Baker Donelson on

When your business depends on a carefully-crafted public image, you do not want the public to know how hard you work to maintain that image. These days, that includes preventing your employees from revealing too much via...more

Labor & Employment E-Note - June 2015

by Burr & Forman on

In This Issue: - Debruge and Childs Alabama Law Survey on Employee Privacy Laws Published to Practical Law - "WTF", Under the NLRB, Employers Should "Cut the Crap?" - Tom Brady, Deflategate, and Florida...more

Caught Stealing More Than Bases, St. Louis Cardinals Teach Trade Secret Safety to All Employers

by Reed Smith on

The recent hacking attack against the Houston Astros is a wake-up call for all employers: no organization is safe from its adversaries’ attempts to steal proprietary information to gain a leg up in the competition. The...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

by DLA Piper on

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Three Point Shot

by Proskauer Rose LLP on

Female Football Player Throws Flag at LFL over Bare Wages - The three-year championship run of the Los Angeles Temptation was snapped in 2013 when the upstart Chicago Bliss, led by the quarterback and two-time league...more

Rolling the Dice with Casino VIP Lists

by Ifrah PLLC on

In the competitive world of land-based casinos, high roller “VIP” players are courted with a host of special perks and privileges. A casino’s proprietary VIP customer list represents one of its most valuable assets, almost...more

The World Cup of Non-Competes

by Burr & Forman on

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana...more

Stop And Smell The Trade Secrets

What do Britney Spears, Jennifer Lopez, and Celine Dion all have in common? Until recently, their own unique perfumes produced by Givaudan Fragrances Corporation, the largest flavor and fragrance manufacturer in the world. ...more

The Katten Kattwalk - Fashion Week 2013

In this issue: - New Rules on Use of Child Models - Impact of TTAB Rulings on Court Decisions - Sports Teams’ Logos and Marks May Be Different - It’s Ten O’Clock—Do You Know Where Your Company’s...more

Social Networking: New Risks & Opportunities at Work

by NAVEX Global on

The Ethics Resource Center’s National Business Ethics Survey "Social Networkers: New Risks and Opportunities at Work” is now available. Sponsored by NAVEX Global and PwC, the survey provides a first-of-its-kind look at social...more

Three Point Shot - April 2013

by Proskauer Rose LLP on

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

What Can the NHL Lockout Teach Us About Mediating Non-Compete and Trade Secret Disputes?

by Fisher Phillips on

After 113 days, the NHL lockout ended with the NHL and its players association reporting that they have reached a tentative deal. Although they say that a lot of i's need to be dotted and t's need to be crossed, it looks as...more

BaZynga!

Free-to-play games are all the rage these days. Many people while away their days playing Angry Birds, or Words with Friends before going home to watch Monday Night Football. Nerds — and, increasingly, “normal people” — do...more

What’s The Big Idea? Protecting Employer-Owned Intellectual Property

by Pepper Hamilton LLP on

Originally published in the December 2012 issue of The HR Specialist. With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013. If those...more

Around the Virtual World - December 17, 2012

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Union Facebook Page Not Picket Line Extension: NLRB Judge - Parody New York Times Twitter...more

‘Marvel’ and the Importance of Careful Drafting in Transferring IP Rights

Originally published in September 12, 2011 edition of the NEW YORK LAW JOURNAL © 2011 ALM Media Properties, LLC. As part of day-to-day operations, companies regularly enter into intellectual property assignment or “work...more

What is a Sports Lawyer?

by Brad Hamilton on

What does a "sports lawyer" do? A "sports lawyer" is a business lawyer who has clients in the business of sports and entertainment; and except for the application of certain unique league or organization rules, the business...more

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