Implications of “Raging Bull” Lawsuit for Copyright Owners

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Dust off those old songs, manuscripts and articles because on May 19, 2014, the U.S. Supreme Court issued an opinion in Petrella v. Metro-Goldwyn-Mayer, Inc. (the “Raging Bull” lawsuit) that ensures a copyright holder has the right to enforce a copyrighted work, even if it has been dormant for many years, and receive damages, and, …Read more

Cybersecurity Protection for your California Business

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Just as the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) completes its version 1.0 National Framework for Improving Critical Infrastructure Cybersecurity, California Attorney General Kamala Harris has made clear she intends a leadership role for California. With the just published guide entitled “Cybersecurity in the Golden State: How California Businesses Can …Read more

Copyright Owners Would Enjoy Greater Protections Under Legislation Pending in U.S. Congress

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Last week we discussed pending legislation working its way through the U.S. Congress that would strengthen several statutes to better protect protect IP owners from trade secret misappropriation and provide them with more sweeping and powerful remedies in the event their trade secrets are stolen. This week we discuss several pieces of legislation being proposed …Read more

Pending Trade Secret & Copyright Legislation Could Further Protect American IP Owners

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Several bills moving their way through the United States Congress would establish or substantially amend certain federal statutes pertaining to protecting, enforcing, and exploiting trade secrets and copyrights created in the United States. Some legislation is aimed at establishing a private right of action for trade secret theft under federal law and to prevent trade …Read more

California Consumer Privacy Protections Expanded

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In 2002, California became the first state in the union to enact a data breach notification law.  The statute requires California businesses or businesses that own or license computerized data that includes personal information of California residents to disclose when there has been a breach of a security system used to protect that data.  Since …Read more

Collaboration and Co-Ownership Claims Discovered in IP Due Diligence

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Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with third party technologist or university professors, and whether infringement claims could possibly arise from those relationships.  Requesting and reviewing documents that memorialize the terms and conditions under which the target company has worked with third …Read more

Trade Secret Misappropriation Claims Created by New Technologists

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Another important aspect of intellectual property (“IP”) due diligence is evaluating how the target company has managed its relationships with technologists, and whether misappropriation claims could possibly arise from those relationships.  Requesting and reviewing documents that memorialize the terms and conditions under which the target company vets prospective technologists is a crucial step when evaluating …Read more

Copyright Infringement Claims & Consultants

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An important aspect of any intellectual property (“IP”) due diligence effort is to evaluate how the target company has managed its relationships with its personnel and whether infringement claims could possibly arise from those relationships.  Requesting and reviewing the documents that memorialize the terms and conditions under which the target company retains consultants, vets prospective …Read more