Intellectual Property, Personal Injury

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Three Point Shot - April 2013

by Proskauer Rose LLP on 4/30/2013

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

Gavel to Gavel: Picture policies

by Jessica John Bowman | McAfee & Taft on 3/14/2013

Originally published in The Journal Record - March 14, 2013. Your company just hosted a successful public event, perhaps a fundraiser for a local charity. The event is over, and all that remains is to post photos from...more

Confessions of an adrenaline addict and trial lawyer

by Melody A. Kramer on 3/13/2013

Adrenaline and its effects is the crushing elephant in the room of every courthouse across the country. Lawyers strung out on adrenaline are crowding our courtrooms with lawsuits that never end, disputes that never get...more

You're Getting Sued For What? An E&O Odyssey (Pt 10)

by Bob Tarantino | Heenan Blaikie LLP on 3/7/2013

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance. The series aims to demonstrate that what might seem to a...more

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

by Michael R. Samardzija, Ph.D., Mike Sellers, Dale Wainwright | Bracewell & Giuliani LLP on 2/25/2013

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

by John Green | Farella Braun + Martel LLP on 2/8/2013

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

Controversial Film “Escape From Tomorrow” Shows Need to Protect Intellectual Property

by Joan Archer, Matthew Kreutzer | Armstrong Teasdale LLP on 1/31/2013

“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds...more

Insurance Coverage: January 2013

by Low, Ball & Lynch on 1/11/2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Business Law Newsletter - January 2013

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

by Rachelle E. Hill | Bean, Kinney & Korman, PC on 12/28/2012

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

by Bob Tarantino, Stephen Zolf | Heenan Blaikie LLP on 12/28/2012

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

S.D.N.Y. Sanctions Ryan Leslie For Negligently Destroying His Laptop’s Hard Drive

by Cynthia A. Augello | Cullen and Dykman LLP on 12/17/2012

It is not really a surprise when a celebrity makes the news after being sued; we see it happen all time. Those cases typically involve some sort of misconduct, domestic issue, or some other media-driven dispute. It is not...more

Five Essential PowerPoint Tips for Attorneys

by Cogent Legal on 12/6/2012

I definitely have a love/hate relationship with the dominant program out there for creating and showing presentations: PowerPoint. I love PowerPoint because it’s generally easy for anyone to create something for a...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - November 7, 2012

by Loeb & Loeb LLP on 11/7/2012

Table of Contents: ..Washington v. Take-two Interactive Software, Inc., et al. California appellate court affirms anti-SLAPP dismissal of misappropriation claim brought against Grand Theft Auto developers....more

Business and Commercial Litigation Newsletter #21 - October 2012

by Bernstein Shur on 11/1/2012

We are pleased to present the 21st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we recap news about intellectual property rights, the sale of branded products and a U.S. lawsuit...more

Lessons from ABOTA Masters in Trial: Cutting-Edge Techniques for 21st Century Evidentiary Issues

by Cogent Legal on 10/30/2012

We are in the midst of a big data explosion. E-discovery, metadata, black box data, cell phone records, social media … the list goes on and on. Last Friday at the American Board of Trial Advocates (ABOTA) Masters in Trial in...more

Top Sports IP Plays of the Year - Part 2

by Emily Bayton | Lewis and Roca LLP on 10/24/2012

Today we bring you Part Two of an article authored by our partner Ms. Emily Bayton and published by Law360 on October 16, 2012... As an intellectual property lawyer and avid sports fan, I’m always interested in a case...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

by Wilson Sonsini Goodrich & Rosati on 9/21/2012

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 19, 2012

by Loeb & Loeb LLP on 9/19/2012

Table of Contents: - DiTocco v. Riordan - Second Circuit affirms district court’s dismissal of plaintiffs’ copyright claims, holding that defendants’ Percy Jackson book series was not substantially similar to...more

Panties: 1, Fair Use Doctrine: 0

by Greenberg Glusker Fields Claman & Machtinger... on 9/19/2012

Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....more

Business Law Newsletter - September 2012

by Bean, Kinney & Korman, PC on 9/17/2012

In This Issue: - Enforceability of Waivers of Prospective Liability.....Page 1 - Copyright Law 101......Page 2 - Excerpt from Copyright Law: Every business has intellectual property that is entitled to...more

Labor Letter, September 2012: Fighting Back Against Cybersmears

by Fisher & Phillips LLP on 9/10/2012

Good, honest, and loyal employees are the greatest asset of any company. Unfortunately not all employees are great. Some are dishonest; others are vindictive. Not surprisingly, ex-employees who are fired due to dishonesty are...more

Why Celebrities Who Don’t Want to Live in California Might Still Want to Die There

by Greenberg Glusker Fields Claman & Machtinger... on 9/7/2012

The right of publicity — the legal doctrine that protects the right of celebrities to control and profit from their names, likenesses, and other aspects of their identities — is a familiar topic here at Law Law Land. But it...more

Ninth Circuit Finds That Consent to be Photographed Can be Implied by Consent

by Patton Boggs LLP on 8/6/2012

In a right to publicity case, the Ninth Circuit recently decided that consent to be photographed can be implied by conduct. In the unpublished decision in Shirley Jones v. Corbis Corp., Corbis used sample images of actress...more

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Intellectual Property › Personal Injury