Loeb & Loeb LLP

EU Announces Guidelines to Standardize Cloud Computing Agreements

In an effort to meet one of the key objectives of the European Union's Cloud Computing Strategy - to develop model terms for cloud computing contracts, including service-level agreements - an industry working group that includes…more

Cloud Computing, EU, European Commission, Popular, Service Level Agreements

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IRS Issues Proposed Regulations on Nonqualified Deferred Compensation Arrangements for Governmental and Tax-Exempt Entities

The Treasury Department last week issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code regarding nonqualified deferred compensation arrangements sponsored by governmental and tax-exempt…more

Deferred Compensation, Health and Welfare Plans, Internal Revenue Code (IRC), Severance Pay, Tax Exempt Entities

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FAST Relief for EGCs and Others: JOBS Act 2.0

A just-enacted 500-page transportation bill (the FAST Act) contains provisions nicknamed JOBS Act 2.0 (after the popular JOBS Act of 2012), which liberalized aspects of federal securities to encourage capital…more

Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Regulation S-K, SEC

See All Updates »

IRS Seeks to Limit Valuation Discounts for Family-Controlled Entities: Proposed Section 2704 Regulations

Many sophisticated estate planning techniques include gifts, sales, or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15 percent…more

Estate Planning, Estate Tax, Fair Market Value, Family Businesses, Gift Tax

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The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the…more

Baseball, Cartwright Act, MLB, Sherman Act, Unfair Competition

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IRS Seeks to Limit Valuation Discounts for Family-Controlled Entities: Proposed Section 2704 Regulations

Many sophisticated estate planning techniques include gifts, sales, or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15 percent…more

Estate Planning, Estate Tax, Fair Market Value, Family Businesses, Gift Tax

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Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and permanent…more

Attorney's Fees, Copyright, Copyright Infringement, Federal Rules of Civil Procedure, Lanham Act

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Storm Water Update

We recently informed our clients that there has been an apparent uptick in recent months of citizens suits against storm water permittees for alleged storm water violations under the Clean Water Act. According to a recent…more

Clean Water Act, Discharge of Pollutants, EPA, Manufacturers, Storm Water

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Order Entered Against Private Equity Fund Adviser for Broker-Dealer Activity

Under the notoriously ill-considered Dodd-Frank Wall Street Reform and Consumer Protection Act, previously exempt advisers to private equity funds are subject to Securities and Exchange Commission reporting requirements and…more

Broker-Dealer, Dodd-Frank, Enforcement Actions, Investment Adviser, Investment Advisers Act of 1940

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Supreme Court To Review Federal Circuit Test for Willful Patent Infringement

The U.S. Supreme Court will review the Federal Circuit’s test for determining willful patent infringement at the request of two patent holders that assert that the two-part test is too rigid and conflicts with the recent Supreme…more

Damages, Intellectual Property Protection, Objective Unreasonableness Standard, Octane Fitness v. ICON, Patent Infringement

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Halo, It's me, Your advice of counsel opinion

Supreme Court opinion that created reduced standard for determining willful patent infringement means potential patent infringers should strongly consider opinions of patent counsel when knowledge of possible infringement…more

35 U.S.C. § 284, Burden of Proof, Enhanced Damages, Halo v Pulse, Judicial Discretion

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Brodeur v. Atlas Entertainment Inc. - Calif. Appeal Court, 2nd Dist., Div. 8, June 6, 2016

Appellate court reverses denial of anti-SLAPP motion brought by producers and distributors of “American Hustle,” holding that film dialogue regarding environmental author’s statement about microwave ovens was in connection with…more

Anti-SLAPP, Appeals, Defamation, False Light, Free Speech

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Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and permanent…more

Attorney's Fees, Copyright, Copyright Infringement, Federal Rules of Civil Procedure, Lanham Act

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FTC's Year-End Report to Congress on Debit Card Transaction Rules Outlines Agency's Enforcement and Education Initiatives

As 2012 came to a close, the Federal Trade Commission updated Congress on its enforcement and other efforts in connection with the new rules regulating debit card transactions implemented last year by the Federal Reserve Board…more

Debit and Credit Card Transactions, Debit Cards, Dodd-Frank, FTC

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Solar and wind tax credits

In a last minute concession, Congress extended the 30 percent energy investment tax credit for qualified solar energy property and the production tax credit for qualified wind facilities as part of the Consolidated…more

Appropriation Act, Investment Tax Credits, Production Tax Credit, Solar Energy, Tax Extenders

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Flo & Eddie, Inc. v. Sirius XM Radio, Inc. - USCA, Second Circuit, April 13, 2016

In dispute over The Turtles’ pre-1972 recordings, Second Circuit asks New York high court to determine whether right of public performance for creators of sound recordings exists under state law…more

Copyright Infringement, Music Industry, Musical Sound Recordings, Public Performance Rights, SiriusXM

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SEC Proposes First Round of Rule Changes to Update and Simplify Disclosure

On its own initiative and pursuant to laws enacted in the past few years, the Securities and Exchange Commission has initiated a program to review and revise its disclosure rules to eliminate outdated or duplicative rules,…more

Disclosure Requirements, GAAP, SEC, Smaller Reporting Companies

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FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy…more

Disclosure Requirements, FTC, Native Advertising, Online Advertisements, Policy Statement

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CFTC's No-action Relief on Guarantor Swap Requirements Ends March 31, 2013

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act") requires that swaps (as defined in 7 U.S.C. § 1a(47)) be entered into on designated contract markets unless the parties to the swap are…more

CFTC, Dodd-Frank, Eligible Contract Participant, Guarantors, Loan Documentation

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IP: Protecting your brand in the Internet of the future -- Pre- and post-delegation rights protection mechanisms for gTLDs

Originally published in InsideCounsel.com on November 20, 2012. As the Internet Corporation for Assigned Names and Numbers (ICANN) gears up to begin delegating up to 1,000 new generic top-level domains (gTLDs) in little…more

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Supreme Court To Review Federal Circuit Test for Willful Patent Infringement

The U.S. Supreme Court will review the Federal Circuit’s test for determining willful patent infringement at the request of two patent holders that assert that the two-part test is too rigid and conflicts with the recent Supreme…more

Damages, Intellectual Property Protection, Objective Unreasonableness Standard, Octane Fitness v. ICON, Patent Infringement

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New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,…more

Corporate Counsel, Gender Discrimination, Gender Equity, Governor Cuomo, Hiring & Firing

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Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and permanent…more

Attorney's Fees, Copyright, Copyright Infringement, Federal Rules of Civil Procedure, Lanham Act

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USPTO Issues Guidance on Subject Matter Eligibility

Nearly two years after the U.S. Supreme Court issued its ruling in Alice Corp. v. CLS Bank, patent examiners, applicants, practitioners and inventors continue to seek guidance on determining patentable subject matter under 35…more

CLS Bank v Alice Corp, Comment Period, Patent-Eligible Subject Matter, SCOTUS, USPTO

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FTC to Examine Testing and Evaluation of Disclosures

The Federal Trade Commission last week announced plans to examine the efficacy of disclosures that companies make in a variety of circumstances, including advertising and privacy-related disclosures. As part of its plans, the…more

Advertising, Disclosure, FTC, Privacy Policy

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Election Year Reminders: Cautionary Guidance for Employers That Sponsor PAC/Charity Matching Programs

As we head into the final stretch of the presidential election cycle, employers — both for-profit and nonprofit — may wish to offer employee programs to encourage civic participation, including facilitating political…more

Business Expenses, Charitable Deductions, Employee Benefits, Federal Election Commission (FEC), IRS

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ICANN’s domains under attack

Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine. In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level…more

Domain Names, gTLD, ICANN, Infringement, Internet

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Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and permanent…more

Attorney's Fees, Copyright, Copyright Infringement, Federal Rules of Civil Procedure, Lanham Act

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FCC Adopts New Privacy Rules for Broadband Internet Service Providers

The Federal Communications Commission adopted, by a 3-2 vote, new privacy and data security rules for broadband Internet service providers. Although the official Order is not yet available, the new privacy rules are summarized…more

Breach Notification Rule, Broadband, Data Breach, Data Security, FCC

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Sponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees

The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by…more

Gambling, Lottery, Sports Gambling

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Proposed NY Cybersecurity Regulations to Impose Rigorous Requirements on Financial Services Companies

The New York State Department of Financial Services recently announced proposed cybersecurity requirements that would apply to financial services companies, insurance companies and banks. Aimed at protecting customer information…more

Cyber Attacks, Cybersecurity, Data Breach, Financial Services Industry, Incident Response Plans

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The USPTO Offers Additional Clarifications on Patent Eligibility

Since the U.S. Supreme Court issued its most recent ruling on patentable subject matter in June 2014, examiners, applicants, and practitioners have had a difficult time determining what is patentable subject matter. In Alice…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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FDA Regulatory and Compliance Monthly Recap — November 2016

OPDP issues fifth untitled letter of the year to Supernus for misrepresenting Oxtellar XR in KOL video - In its fifth untitled letter in 2016, the OPDP raised concerns about a Spanish KOL video suggesting Supernus’…more

ANDA, Data Collection, FDA, FDASIA, Life Sciences

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Halo, It's me, Your advice of counsel opinion

Supreme Court opinion that created reduced standard for determining willful patent infringement means potential patent infringers should strongly consider opinions of patent counsel when knowledge of possible infringement…more

35 U.S.C. § 284, Burden of Proof, Enhanced Damages, Halo v Pulse, Judicial Discretion

See All Updates »

Intern or Employee? Second Circuit Outlines Test to Determine Unpaid Interns' Status Under Fair Labor Standards Act and New York Labor Law

The U.S. Court of Appeals for the Second Circuit July 2 handed down a significant decision in Glatt v. Fox Searchlight Pictures, Inc. in connection with a pair of lawsuits challenging the legality of unpaid internships under…more

Appeals, Class Action, Class Certification, Classification, DOL

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Kirtsaeng v. John Wiley & Sons Inc. - U.S. Supreme Court, June 16, 2016

U.S. Supreme Court holds “objective reasonableness” of losing party’s position is important factor but not controlling one in considering award of attorneys’ fees under Copyright Act. Graduate student Supap Kirtsaeng, a…more

Attorney's Fees, Copyright, Copyright Infringement, Fee-Shifting, First Sale Doctrine

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High Net Worth Family Tax Report, Vol. 11, No. 2

IRS Seeks to Limit Valuation Discounts for Family-Controlled Entities: Proposed Section 2704 Regulations - Proposed regulations issued on August 2, if finalized in their present form, will significantly limit the ability to…more

501(c)(4), Advance Health Care Directive, Begun Construction Test, Estate Tax, Family Businesses

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Foul play over US trademark

The Washington Redskins name has attracted fierce debate over the years. Edward Lee and Douglas Masters, attorneys at Loeb & Loeb, discuss the latest attempt to revoke the mark - US trademark law prohibits the…more

Disparagement, Football, Native American Issues, Trademarks

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Revised Florida Sweepstakes Law Effective April 10, 2013

The State of Florida has amended its law governing games of chance (F.S. 849), revising certain provisions including those governing game promotions and sweepstakes run by retailers and consumer brands, among others. The…more

Amended Legislation, Gambling, Retailers, Sweepstakes

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What Will 2015 Look Like? Trends in the Securities Industry

... it’s never too early to look into the future to see how the year might unfold in the securities industry. Here are some trends and predictions for early 2015: - In Increased regulatory scrutiny of ..securities…more

Alternative Mutual Funds, Banks, Brokers, Conflicts of Interest, Equity Financing

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FDA Regulatory and Compliance Monthly Recap — November 2016

OPDP issues fifth untitled letter of the year to Supernus for misrepresenting Oxtellar XR in KOL video - In its fifth untitled letter in 2016, the OPDP raised concerns about a Spanish KOL video suggesting Supernus’…more

ANDA, Data Collection, FDA, FDASIA, Life Sciences

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Intern or Employee? Second Circuit Outlines Test to Determine Unpaid Interns' Status Under Fair Labor Standards Act and New York Labor Law

The U.S. Court of Appeals for the Second Circuit July 2 handed down a significant decision in Glatt v. Fox Searchlight Pictures, Inc. in connection with a pair of lawsuits challenging the legality of unpaid internships under…more

Appeals, Class Action, Class Certification, Classification, DOL

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“Putting Disclosures to the Test” – Lessons Learned From the FTC’s Disclosure Workshop

The Federal Trade Commission recently hosted a public workshop where academics, researchers and regulators took a hard look at how companies can test, evaluate and measure the effectiveness of their disclosures to consumers. The…more

Advertising, FTC, Privacy Disclosures, Public Disclosure

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‘Lovable losers’ no more: Cubs set for marketing blitz

It only took 108 years. Last week, the Chicago Cubs became the World Series Champions, winning Game 7 — a blood pressure-busting contest with the Cleveland Indians that went 10 innings and included back and forth scoring,…more

Baseball, Marketing, MLB, Popular, Sports

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Beware Social Media Masters, FTC Taking Long Look at Phony Blogs

In the age of digital communities, bloggers, vloggers and Instagramers create and disseminate a huge amount of content on myriad topics, building trust, credibility and a loyal following through authentic content on a variety of…more

Advertising, Endorsements, Enforcement Actions, FTC, Marketing

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Net Working Capital Adjustments in M&A Deals: The Buyer’s Perspective

Working capital is an important measure of a company’s liquidity. Without sufficient working capital, a business will not be able to pay suppliers, employees, landlords and other providers whose goods and services are required…more

Acquisitions, Capital Requirements, Dispute Resolution, Financial Statements, GAAP

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Expanding Market for Insurance and Risk Securities Promises High Risk, High Reward - and High Potential for Claims

The securities marketplace has experienced a resurgence of interest in insurance- and risk-linked securities, primarily as a result of Hurricane Katrina and Superstorm Sandy. First introduced after the Northridge earthquake and…more

Higher-Risk Securitizations, Investors, Natural Disasters, Reinsurance

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California Senate Unanimously Supports Broader Inquiry into State Gambling Regulations

California's Senate unanimously approved a bill (Senate Bill 601) that would amend the state's existing gambling law to enlarge the Gaming Policy Advisory Committee, the body tasked with considering the state's gambling…more

Gambling

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Developing a Framework for Arbitrating Standards-Essential Patent Disputes

A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, …more

Arbitration, Patent Litigation, Patents, Standard Essential Patents

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DAA Guidance for Cross Device Data Collection

On the same day that the Federal Trade Commission was holding a workshop on cross-device tracking, the privacy self-regulatory group Digital Advertising Alliance released guidance related to the cross-device collection and use…more

Cross-Device, Data Collection, Digital Advertising Alliance, New Guidance, Opt-Outs

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FAST Relief for EGCs and Others: JOBS Act 2.0

A just-enacted 500-page transportation bill (the FAST Act) contains provisions nicknamed JOBS Act 2.0 (after the popular JOBS Act of 2012), which liberalized aspects of federal securities to encourage capital…more

Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Regulation S-K, SEC

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2013 Recap: Changes in LIBOR That Could Affect the Agreements Concerning Your Financial Transactions

2013 saw a number of changes to LIBOR, the key interest rate benchmark that is used in a range of financial transactions. These changes have already impacted existing financial transactions, and, almost certainly, will continue…more

Banks, Contract Drafting, Interest Rates, Libor, Loan Agreements

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Election Year Reminders: Cautionary Guidance for Employers That Sponsor PAC/Charity Matching Programs

As we head into the final stretch of the presidential election cycle, employers — both for-profit and nonprofit — may wish to offer employee programs to encourage civic participation, including facilitating political…more

Business Expenses, Charitable Deductions, Employee Benefits, Federal Election Commission (FEC), IRS

See All Updates »

Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15…more

Business Entities, Estate Planning, Gifts, Inter Vivos Gifts, IRS

See All Updates »

IRS Seeks to Limit Valuation Discounts for Family-Controlled Entities: Proposed Section 2704 Regulations

Many sophisticated estate planning techniques include gifts, sales, or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15 percent…more

Estate Planning, Estate Tax, Fair Market Value, Family Businesses, Gift Tax

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ABS Entertainment Inc. v. CBS Corp.- USDC, C.D. California, May 30, 2016

CBS defeats claims that it infringed copyrights in pre-1972 sound recordings by performing recordings on radio broadcasts, successfully arguing that it performed only post-1972 remastered versions of recordings and that those…more

Broadcasting, Copyright, Copyright Infringement, Derivative Works, Music

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Subscription Lenders - Beware of Investor Opt-Out

Subscription lenders to a private equity fund base their credit decisions on the quality of the fund's investors whose capital commitments to the fund are pledged to secure the credit extensions. Inherent in the lender's…more

Due Diligence, Investors, Private Equity, Private Equity Funds, Unrelated Business Income Tax

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What Will 2015 Look Like? Trends in the Securities Industry

... it’s never too early to look into the future to see how the year might unfold in the securities industry. Here are some trends and predictions for early 2015: - In Increased regulatory scrutiny of ..securities…more

Alternative Mutual Funds, Banks, Brokers, Conflicts of Interest, Equity Financing

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The Anti-Cookson Clause Revisited: A Useful Tool for Lien Restrictions

In any secured financing, lenders are concerned about their liens being primed. This is of particular concern where the financing permits, as many financings often do, the incurrence of additional secured debt by the borrower or…more

Lien Priority, Liens, Private Placements, Secured Debt, Senior Lenders

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8th Wonder Entertainment, LLC v. Viacom International, Inc. - USDC, C.D. California, November 22, 2016

District court dismisses copyright infringement suit alleging creators of VH1 reality TV show “Love & Hip Hop” copied plaintiffs’ treatment for reality show about women involved with hip hop artists, holding treatment contained…more

Copyright, Copyright Infringement, Copyright Litigation, Television Shows, Viacom

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The IRS Is Checking Hospitals for Compliance with Section 501(r)

The IRS is hard at work reviewing hospitals for compliance with new requirements imposed by section 501(r) of the Internal Revenue Code. A recently released work plan of the IRS Tax Exempt and Government Entities Division…more

Compliance, Financial Assistance Policies, Hospitals, Internal Revenue Code (IRC), IRS

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Estate Planning for Your Digital Assets

If you use a computer, you likely have digital assets that should be addressed as part of your estate planning. Access to digital assets is governed by an evolving and complicated technical and legal framework, including federal…more

Computer Fraud and Abuse Act (CFAA), Copyright, Deceased, Digital Assets, Facebook

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‘Lovable losers’ no more: Cubs set for marketing blitz

It only took 108 years. Last week, the Chicago Cubs became the World Series Champions, winning Game 7 — a blood pressure-busting contest with the Cleveland Indians that went 10 innings and included back and forth scoring,…more

Baseball, Marketing, MLB, Popular, Sports

See All Updates »

VMG Salsoul LLC v. Ciccone - USCA, Ninth Circuit, June 2, 2016

Ninth Circuit breaks from Sixth Circuit in music copyright infringement case over a 0.23-second horn segment in Madonna’s pop hit “Vogue,” holding that de minimis copying exception applies to copyrighted sound…more

Copyright, Copyright Infringement, Copyright Litigation, De Minimis Claims, Digital Sampling

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Capitol Records LLC v. Vimeo LLC - USCA, Second Circuit, June 16, 2016

In copyright infringement suit against user-generated video website Vimeo, Second Circuit holds that DMCA safe harbor protections apply to pre-1972 sound recordings, and that Vimeo is entitled to DMCA protections even though its…more

Capitol Records, Copyright Infringement, DMCA, Federal v State Law Application, Interlocutory Appeals

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Subscription Lenders - Beware of Investor Opt-Out

Subscription lenders to a private equity fund base their credit decisions on the quality of the fund's investors whose capital commitments to the fund are pledged to secure the credit extensions. Inherent in the lender's…more

Due Diligence, Investors, Private Equity, Private Equity Funds, Unrelated Business Income Tax

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Abolish the Attorney Client Privilege - It serves little use in practice, while the work-product privilege offers a safer harbor.

One of the great myths of the legal profession is that the attorney- client privilege promises absolute confidentiality, to ensure clients’ full disclosure to their counsel. However, as most lawyers know too well, clients have a…more

Attorney-Client Privilege, Confidential Information, Work Product Privilege

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FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission…more

Attorney Generals, Auto-Dialed Calls, Call Blocking, Declaratory Rulings, Exemptions

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Music Law Weekly Case Update for Music Industry Executives - March 14, 2013

In This Issue: - Scorpio Music (Black Scorpio) S.A. v. Willis, USDC S.D. California, March 4, 2013: District court denies motion to dismiss Village People lead singer’s counterclaim asserting 50 percent ownership…more

Copyright, Music, Music Industry, Statute of Limitations

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Affordable Care Act Compliance Reminder

Although the IRS has announced that it will delay the enforcement of certain provisions of the Patient Protection and Affordable Care Act (also known as the "Affordable Care Act" or "Obamacare"), employers are still required to…more

Affordable Care Act, DOL, Health Insurance Exchanges, Healthcare, IRS

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College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three…more

Athletes, Coaches, College Athletes, Colleges, Sports

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FDA Regulatory and Compliance Monthly Recap — November 2016

OPDP issues fifth untitled letter of the year to Supernus for misrepresenting Oxtellar XR in KOL video - In its fifth untitled letter in 2016, the OPDP raised concerns about a Spanish KOL video suggesting Supernus’…more

ANDA, Data Collection, FDA, FDASIA, Life Sciences

See All Updates »

IRS Issues Proposed Regulations on Nonqualified Deferred Compensation Arrangements for Governmental and Tax-Exempt Entities

The Treasury Department last week issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code regarding nonqualified deferred compensation arrangements sponsored by governmental and tax-exempt…more

Deferred Compensation, Health and Welfare Plans, Internal Revenue Code (IRC), Severance Pay, Tax Exempt Entities

See All Updates »

Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and permanent…more

Attorney's Fees, Copyright, Copyright Infringement, Federal Rules of Civil Procedure, Lanham Act

See All Updates »

IRS Issues Proposed Regulations on Nonqualified Deferred Compensation Arrangements for Governmental and Tax-Exempt Entities

The Treasury Department last week issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code regarding nonqualified deferred compensation arrangements sponsored by governmental and tax-exempt…more

Deferred Compensation, Health and Welfare Plans, Internal Revenue Code (IRC), Severance Pay, Tax Exempt Entities

See All Updates »

High Net Worth Family Tax Report, Vol. 11, No. 2

IRS Seeks to Limit Valuation Discounts for Family-Controlled Entities: Proposed Section 2704 Regulations - Proposed regulations issued on August 2, if finalized in their present form, will significantly limit the ability to…more

501(c)(4), Advance Health Care Directive, Begun Construction Test, Estate Tax, Family Businesses

See All Updates »

FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy…more

Disclosure Requirements, FTC, Native Advertising, Online Advertisements, Policy Statement

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Mayimba Music Inc. v. Sony/ATV Latin Music Publishing LLC - USDC, S.D. New York, June 9, 2016

District court awards defendants $400,000 in legal fees in copyright infringement suit over Shakira’s hit song “Loca,” in which plaintiff’s claims were shown to be based on fabricated evidence. In 2012, Mayimba Music sued…more

Attorney's Fees, Copyright Infringement, Evidence, False Evidence, Litigation Fees & Costs

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Halo, It's me, Your advice of counsel opinion

Supreme Court opinion that created reduced standard for determining willful patent infringement means potential patent infringers should strongly consider opinions of patent counsel when knowledge of possible infringement…more

35 U.S.C. § 284, Burden of Proof, Enhanced Damages, Halo v Pulse, Judicial Discretion

See All Updates »

Federal Circuit Interprets BPCIA for First Time

The U.S. Court of Appeals for the Federal Circuit today decided issues of first impression relating to the statutory interpretation of the Biologics Price Competition and Innovation Act of 2009 (BPCIA). In a split decision in…more

Amgen, Biologics, Biosimilars, BPCIA, FDA

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Two California Privacy Bills Introduced

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on the…more

Advertising Networks, Attorney Generals, FTC, Kamala Harris, Mobile Apps

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Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15…more

Business Entities, Estate Planning, Gifts, Inter Vivos Gifts, IRS

See All Updates »

FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission…more

Attorney Generals, Auto-Dialed Calls, Call Blocking, Declaratory Rulings, Exemptions

See All Updates »

The USPTO Offers Additional Clarifications on Patent Eligibility

Since the U.S. Supreme Court issued its most recent ruling on patentable subject matter in June 2014, examiners, applicants, and practitioners have had a difficult time determining what is patentable subject matter. In Alice…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

See All Updates »

8th Wonder Entertainment, LLC v. Viacom International, Inc. - USDC, C.D. California, November 22, 2016

District court dismisses copyright infringement suit alleging creators of VH1 reality TV show “Love & Hip Hop” copied plaintiffs’ treatment for reality show about women involved with hip hop artists, holding treatment contained…more

Copyright, Copyright Infringement, Copyright Litigation, Television Shows, Viacom

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  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
  • Tennessee
Other Countries
  • China
  • Hong Kong
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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