Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more
Jammie Thomas-Rasset, the woman whom the recording industry martyred with a $222,000 damages award after several trials for stealing music online, has reached the end of her legal rope. The U.S. Supreme Court on Mar. 18...more
Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more
LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more
STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON [Submitted 02/19/2013 for court approval by Hon. Judge Kimba M. Wood] ...more
ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013 re: The Government requests, with the consent of claimant/defendant Ferguson, an additional...more
ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's...more
STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER [SDNY Court Clerk Summary]: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara,...more
NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 11/29/2012) ...more
STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO RAFAEL FURST AND TELAMONIAN AJAX TRUST [SDNY CourtClerk Summary]: The Claimants agree to forfeit to the United States all funds in the Trust Account (the "Trust Account...more
Many video game creators go to great lengths to ensure that their games are highly realistic. Weapons, sound effects, uniforms, athletic abilities, locations, logos and other details are often copied from the real world and...more
In This Issue: Patents: ..En Banc Court Deeply Divided on Divided Infringement ..Entire Market Value Rule–R.I.P.? ..Lack of Enablement Snares Patent’s Open-Ended Claim Scope ..Concentration Range...more
Table of Contents: - Capitol Records Inc. v. Thomas-Rasset: Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more
As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by...more
The August 23, 2012 decision in Song BMG Music Entertainment v. Tenenbaum, the most recent in this extended litigation, leaves no doubt that individuals who download music and distribute it without proper authorization...more
In This Issue: TABLE OF CONTENTS - I. INTRODUCTION 13 II. RIGHTS IMPLICATED BY TRANSMISSION AND USE OF WORKS ON THE INTERNET 14 A. The Right of Reproduction 14 1. The Ubiquitous Nature of “Copies” on the...more
A federal court recently found copyright infringement based on a developers copying of aspects of the popular Tetris game, even though the code itself was not copied. This ruling confirms that IP can be used to effectively...more
In This Issue: - Bob Latham Bulletin: Paul Simon & The Take Down Debate: As the tension between content creators and online service providers continues, it is worth getting some perspective on the debate by harkening...more
The broadcast and music trade press brought news of a settlement between music companies and digital media services regrading digital music royalties. Some press reports jumped to the conclusion that the decision had...more
Seller of “Used” MP3’s Avoids Preliminary Injunction. Controversial purveyor of “used” digital music files ReDigi escaped a crushing blow to its business in early February when a...more
In This Issue: COPYRIGHT/INJUNCTIONS AND ISPs ISP Not Responsible for Preventing Illegal Downloading: CJEU Decision Finds Filtering System Would Infringe ISP’s Business Rights and Customers’ Freedom In Scarlet...more
Table of Contents: •Brownmark Films LLC v. Comedy Partners •Hanover Architectural Service, P.A. v. Christian Testimony-Morris, N.P. Brownmark Films LLC v. Comedy Partners, USDC E.D. Wisconsin, November 30,...more
What to do if someone appears to infringe your patent, copyright, design, trade mark or other intellectual property right or accuses you of infringing his or her rights? Litigation is expensive in England and Wales and...more
James Kosa wrote an interesting and thoughtful piece over at slaw last week: Shape-Shifting Dispute Processes: Adapting the Process to the Type of IT Dispute. In it, he discusses "alternative dispute resolution (mediation or...more
Table of Contents: •CCA and B, LLC v. F + W Media, Inc. •Raw Films, Ltd. v. Does 1-32 CCA and B, LLC v. F + W Media, Inc., USDC N.D. Georgia, September 22, 2011 •District court denies motion for preliminary...more
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