Personal Injury, Civil Procedure, Intellectual Property

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

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

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

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

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

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

Lanham Act Dust Up Over Vacuum Cleaner Claims Clarifies Literally False Standard

by Foley Hoag LLP - Trademark, Copyright &... on 7/30/2012

A federal district court in Massachusetts was recently sucked into a false advertising dispute between manufacturers of competing vacuums and steam cleaners over alleged violations of Section 43(a) of the Lanham Act. The...more

Albert Einstein, Marilyn Monroe, and the Right of Publicity

by Manatt, Phelps & Phillips, LLP on 6/25/2012

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. A court has ruled that Einstein and his estate possess rights that other courts have...more

ADR Neutrals Can Be Utilized with New ESI Rules

by Lawrence Kolin on 6/12/2012

ARTICLE ABSTRACT Changes are coming to existing rules and specifically include amendments to address ESI within Florida Civil Procedure Rules 1.200, 1.201, 1.280, 1.340, 1.350, 1.380 and 1.410 of the Florida Rules of Civil...more

Virtual Karaoke Circus Act or: How Not to Exploit Likenesses in Videogames

by Heenan Blaikie LLP on 6/1/2012

In 2009, the musical group “No Doubt”, sued video game giant Activision after learning that its video game "Band Hero" allowed gamers to access avatars of the band members to perform other groups’ music. According to a...more

Advertising Law -- April 5, 2012

by Manatt, Phelps & Phillips, LLP on 4/10/2012

In This Issue: *Q&A: What False Advertising and Trademark Plaintiffs Need to Know Following Landmark eBay Decision *E=mc2, or the Publicity Rights of Albert Einstein *Microsoft Announces Targeted Health Ads *$1.5M...more

Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement

by Katten Muchin Rosenman LLP on 12/22/2011

Plaintiff Kimberton Healthcare Consulting, Inc. d/b/a DialysisPPO (DPPO), a provider of benefits consulting services, brought an action alleging breach of contract, violation of the Pennsylvania Uniform Trade Secrets Act...more

Florida E-Discovery Rules Coming Soon!

by Lawrence Kolin on 9/1/2011

This summer, the Florida Bar Civil Rules committee finally approved draft rule amendments of its longstanding E-Discovery subcommittee. The Florida Bar Board of Governors recently gave its blessing to the Expedited Submission...more

Visual Presentations in Court: A New Study on What Works Best and Why

by Cogent Legal on 7/29/2011

For ADR or trial, the adage “show, don’t tell” is a winning strategy to help convey a presenting attorney’s story, decipher complex content and cogently navigate themes. Now, a comprehensive visual persuasion study not only...more

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Personal Injury › Civil Procedure › Intellectual Property