Media & Entertainment

Expert Analysis

• How A Biden Administration Would Shape IP Policy

  

  While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

• Guest Feature

  5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

  

  The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

• NY Tax Talk: Trump Tax Returns, Revenue Rebound, Reform

  

  In the latest New York tax news update, Craig Reilly at Hodgson Russ discusses President Donald Trump's ongoing tax return disclosure battle, a rebound in the state's post-COVID-19 revenue decline, noteworthy tax appeals cases involving Disney and Mars, and recent guidance on corporate tax reform.

• Opinion

  Lawyers Must Fight Voter Suppression This Election Season

  

  Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

• Why Online Mediation May Be Here To Stay

  

  Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

• Clients Have The Power To Promote Wellness At Law Firms

  

  Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

• 9th Circ. Ruling Reinforces FTC Disgorgement Authority

  

  The Ninth Circuit's recent decision in Federal Trade Commission v. OMICS — a case involving deceptive practices allegations against an academic conference and journals company — may further embolden the commission to seek the broadest possible measure of disgorgement, even when not supported by its own evidence, says August Horvath at Foley Hoag.

• Opinion

  Appellate Courts Should Welcome Well-Crafted Amicus Briefs

  

  A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

• High Court Oracle-Google Copyright War May Benefit Artists

  

  After Wednesday's U.S. Supreme Court oral arguments in the Google v. Oracle copyright dispute, artists have reason for optimism, because the law favors reining in the overly expansive transformativeness test and keeping fair use determinations within the province of judges rather than unpredictable juries, says Sandra Aistars at Antonin Scalia Law School.

• Key Takeaways From Groundbreaking Virtual Civil Jury Trial

  

  The nation's first online jury trial with a binding verdict — Griffin v. Albanese Enterprise in Florida’s Fourth Judicial Circuit Court — recently provided crucial insights into how to better prepare for virtual voir dire and trial, says Kevin-Khristián Cosgriff Hernández at Delphi Litigation.

• NY Art Disputes Highlight Fame's Role In Copyright Suits

  

  The long-standing art disputes in New York involving 5Pointz and The Andy Warhol Foundation demonstrate that the Visual Artist Rights Act operates differently than traditional copyright law and that arguments about an artist's fame outside of VARA can undermine public policy, say Susan Kohlmann and Jacob Tracer at Jenner & Block.

• What Hiring Law Firms Should Consider Instead Of Grades

  

  With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

• Series

  Judging A Book: Schroeder Reviews 'Collegiality'

  

  Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

• Now Is The Time To Go Digital With Compliance Training

  

  To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

• Overcoming The Pandemic's Hurdles To Pro Bono Work

  

  Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.