Intellectual Property Art, Entertainment & Sports Alternative Dispute Resolution (ADR)

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“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

Department of Justice Opens Review of ASCAP and BMI Consent Decrees

The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments...more

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

Sports, Media and Entertainment Intelligence - 2014

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

Bernstein Shur Business and Commercial Litigation Newsletter #34

We are pleased to present the 34th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including articles and links...more

Taking advantage of ADR in the entertainment industry - IP cases in the entertainment industry are great candidates for mediation...

As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality alternative dispute resolution (ADR)...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

En Vogue - Bragg v Jones

Order Granting Enforcement of Arbitration Award

Former band members of 90's "En Vogue," settle trademark dispute via arbitration award. Defendant's in the case question if the arbitrator over-reached in making a decision on the merits of the case when those questions...more

Early Neutral Evaluation Gains Popularity

This article originally published in The Briefs magazine of the Orange County Bar Association in Orlando, Florida discusses the Alternative Dispute Resolution technique in litigation known as Early Neutral Evaluation (ENE)...more

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

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

Business Litigation Report -- August 2012

In This Issue: - Firm News: Quinn Emanuel Continues to Build Out International Arbitration Practice and Quinn Emanuel Hosts U.S.-Style Mock Jury Trials in Taipei and Seoul - Main Article: Raising the...more

IP Dispute Resolution in England and Wales: why sending a US style “Cease and Desist Letter” or old style “Letter before Action”...

Intellectual property litigation in the UK presents two hazards that are not to be found in other countries or indeed other areas of litigation in England and Wales. First, threats actions: threatening or even hinting at...more

Intellectual Property Dispute Resolution in the UK

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

NFL Sacked by the Sherman Antitrust Act

In a ruling that is still sending tremors across professional sports leagues, the U.S. Supreme Court rejected the National Football League's (NFL) request for antitrust law protection, finding the league to be 32 separate...more

Book Smarts

In late 2004, in pursuit of its modest goal to "organize the world's knowledge" (and to monetize organized access to it) Google announced a program of digitizing books. The program evolved into two parallel projects: The...more

Royalties and the Law

Summary of the grievance procedures for American music performance rights organizations ASCAP, BMI and SESAC....more

Why Composers Lose Their Rights

When a composer contracts to provide music for a movie, TV show or other similar entertainment, those contracts are generally work-made-for-hire contracts under section 101 of Title 17 of the United States Code. As such, the...more

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