Law360.com // YouTube Set For Copyright Rematch As Judge Defies 2nd Circ. - Press Mention - 04/19/2013
Litigation Alert >> Service of Documents via Facebook? One Judge “Likes” It - Alert - 04/10/2013
By Neal H. Klausner; Rachel A. Owens
When litigators think about service of process in a federal case, they generally recall the traditional methods of service in Rules 4 and 5 of the Federal Rules of Civil Procedure. For service on individuals, these methods include personally handing documents to an individual or leaving them at the individual’s residence with someone of suitable age and discretion.
New York Law Journal: Are Restrictive Covenants Enforceable Against Employees Terminated Without Cause? - Published Article - 04/01/2013
By Neal H. Klausner; David Fisher
In doing so, these courts relied on Post v. Merrill Lynch, Pierce, Fenner & Smith, a case in which the New York Court of Appeals held that when an employee is terminated without cause, and thereafter enters into competition with his or her former employer, it would be unreasonable as a matter of law to enforce an agreement providing that the employee forfeit previously earned pension benefits based on such competition. But the Second Circuit’s recent decision in Hyde v. KLS Prof’l Advisors Grp., suggests that the lower courts have extended the ruling in Post beyond its intended limitation to the forfeiture-of-benefits-for-competition context, and may indicate an end to the automatic rule that restrictive covenants are unenforceable when an employment relationship is terminated without cause.
Law360.com // 9th Circ. Ruling Brings Consensus on DMCA Safe Harbor - Press Mention - 03/18/2013
New York County Lawyer: Recent Cases Demonstrate the Effectiveness of First Amendment Defenses to Claims of Intellectual Property Infringement - Published Article - 03/11/2013
By: Marc J. Rachman and Dominick R. Cromartie
There have been a number of recent cases reported in the press that have raised defenses un-der the First Amendment in response to claims of intellectual property infringement or right of publicity violations. For example, in February of 2012, an app developer sought First Amend-ment protection for its parody app called "Joustin Beaver" by filing a lawsuit seeking a declara-tion that the game did not violate Justin Bieber’s right of publicity because, among other things, it was protected speech. Similarly, in December of 2012, Sony Pictures moved to dismiss on fair use grounds a copyright infringement lawsuit concerning the use of William Faulkner’s famous quote, "The past is not dead! Actually, it’s not even past," in the Woody Allen film, Midnight In Paris. And in a matter that was not litigated, but widely reported, Paramount Pictures Corp. re-fused Anheuser Busch’s request that it remove the Budweiser logo from the film Flight, in which Denzel Washington portrayed a highly functional alcoholic airplane pilot, on the grounds that such use was protected under the First Amendment. This article will discuss the origins of these defenses and how several recent court decisions have upheld their application in connection with a reference to Lindsay Lohan in a rap song, the use of biographical information about Olympic athletes in a Facebook app, the appearance of a Louis Vuitton knockoff bag in the film Hangover II, the depiction in paintings and prints of the University of Alabama’s football team, and the lampooning of a viral video in an episode of the television show South Park.
CommPRO.biz // Independent Contractors: Why and How to Hire Them - Press Mention - 03/11/2013
Litigation Alert >> Recent Class Action Settlement Underscores Employer Obligations under Wage and Hour Laws - Alert - 03/04/2013
By Michael C. Lasky; Shira Franco; Jason A. Roth
A recent multimillion dollar wage and hour class action settlement by major investment bank Merrill Lynch serves as an important reminder to employers of their obligations under federal law to properly classify, and pay overtime wages to, all eligible employees who work more than 40 hours per week.
PRWeek: Incentives for Higher Performance - Published Article - 02/11/2013
The beginning of the year is a good time for a PR firm, like any business, to think carefully about its strategic initiatives. It is an equally opportune time to consider what initiatives really mean to revenue growth and how an agency’s key team is compensated.
Intellectual Property Litigation Alert >> Olympians’ Right of Publicity Claims Over a Facebook App Trumped by First Amendment - Alert - 02/04/2013
By Marc J. Rachman and Dominick R. Cromartie
A California state court recently dismissed a lawsuit brought by former Olympians, including Mark Spitz and Greg Louganis, against Samsung for right of publicity violations over a Facebook app that used their names, images and biographical information without their consent.
Litigation Alert >> Protect Your Tweets: A Cautionary Tale Regarding Social Media Account Ownership - Alert - 01/08/2013
By Jennifer Tafet Klausner and Jason A. Roth
A recent case from the Northern District of California demonstrates the increasing importance for businesses using social media to establish clear policies notifying employees that social media accounts used in connection with their employment are company, not employee, property.
Intellectual Property Litigation Alert >> Court Flags Historical Use of NFL Team’s Former Logo in Video Game as Infringing - Alert - 12/19/2012
By Marc J. Rachman, David S. Greenberg and C. Andrew Keisner
Copyright law has long recognized that an artist’s right to protect his or her creation is somewhat limited by others’ rights to make fair use of a work in a reasonable manner. Courts frequently hold that copyrighted works can be used without liability, as "fair use," in news reporting, critical commentary, and historical scholarship.
PRWeek: The PR Agency of Tomorrow is Here Today - Published Article - 12/11/2012
In my most recent column, CEOs of eight prominent independent PR firms shared their views about the agency of tomorrow. Now it’s my turn. The PR firm of tomorrow will be organized around the delivery and implementation of big ideas to their clients and stakeholders. This will change what PR agencies do and how they describe their services.
Litigation Alert >> District Court Ruling May Lead to Increased Dodd-Frank Retaliation Suits - Alert - 12/04/2012
By Neal H. Klausner and David S. Greenberg
A recent ruling by a Connecticut federal court may lead to a rise in "whistleblower" lawsuits filed under the Dodd-Frank Act (the Act), which protects employees who attempt to expose corporate improprieties.
Intellectual Property Litigation Alert >> Recent Cases Expand Use of “Artistic Relevance” Test as a Defense for Trademark Infringement - Alert - 11/30/2012
By Marc J. Rachman and Dominick R. Cromartie
In the case Webceleb Inc. v. The Procter & Gamble Company et. al., a California federal court recently held that the use of the term "Web Celeb" as a title for an award category in the People’s Choice Awards did not infringe the plaintiff’s trademark in "WEBCELEB," as it satisfied the "Artistic Relevance" test.
Law360 >> Use of “Artistic Relevance” Test is Expanding - Published Article - 11/06/2012
By Marc J. Rachman and Dominick R. Cromartie
In the case Webceleb Inc. v. The Procter & Gamble Company et. al., a California federal court recently held that the use of the term "Web Celeb" as a title for an award category in the People’s Choice Awards did not infringe the plaintiff’s trademark in "WEBCELEB," as it satisfied the "Artistic Relevance" test.
PR Week: Agency Heads Describe What the PR Firm of 2017 Will Look Like - Published Article - 10/12/2012
By Michael Lasky
On November 14, PRWeek will host The PRWeek Con-ference – Power to the People. The event, which takes place at The Sentry Centers in New York City, will provide interactive workshops, keynotes, and panel discussions. Several of the sessions (including the one in which I am participating, called "The Battle of Big Ideas") will address anticipated changes to the PR industry and its agencies."
What is the most important way in which the PR agency of 2017 will be different from the PR agency of today?" I posed this question to eight leaders of independent agencies. Here are their replies:
2012 New York Super Lawyers and Rising Stars-Metro Edition Honors Nine Davis & Gilbert Partners - Press Release - 10/02/2012
New York, NY, October 1, 2012 – Nine Davis & Gilbert partners have been selected to appear on the 2012 New York Super Lawyers and Rising Stars-Metro Edition list in the areas of First Amendment/Media/Advertising, Employment & Labor, Intellectual Property Litigation, Business Litigation and Real Estate. In addition, Neal H. Klausner and Gerald R. Uram were ranked as Top 100 New York Super Lawyers. These lawyers received the highest point totals in the New York Metro nomination, research and review process.
Best Lawyers Distinguishes Nine Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 09/19/2012
Davis & Gilbert is proud to announce that nine of the firm’s partners have been recognized in the 2013 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.
PRWeek: Agencies Could Pay if They Give Clients Too Much Credit - Published Article - 08/28/2012
By Michael C. Lasky
In today’s economic climate, PR firms need to be increasingly careful about the clients with whom they choose to do business and even more careful about the credit terms under which they do so. Crisis communications, in particular, require rapid and intensive action. There is often little time to consider the potential exposure to the PR firm should its client present a serious credit risk or, worse yet, file for bankruptcy.
Litigation Newsletter >> Summer 2012 - Newsletter - 08/13/2012
IN THIS NEWSLETTER: Maintaining sound business practices in order to avoid costly litigation is always a good idea. In this issue, we discuss a case that has practical implications for employer investigations concerning harassment and discrimination claims; give advice to brand owners that may be using a competitor’s trademark as a keyword in a search engine advertising program; and provide guidance to contract drafters given recent case law regarding the enforcement of contractual terms.
