Media & Entertainment

Expert Analysis

• Cloud Computing Clearly The Future For Small Firms

  

  While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

• Signs Of Renewed SEC Interest In Key Performance Indicators

  

  Key performance indicators have been a topic of concern for the U.S. Securities and Exchange Commission for some time, but enforcement actions have been less prevalent. Recent actions coupled with statements by commission officials, however, suggest that KPIs may become more of a focus for the current SEC, say Brooke Clarkson and Jessica Matelis of Foley & Lardner LLP. 

• If Editorial Content Includes Affiliate Links, Is It An Ad?

  

  A recent decision from the National Advertising Division involving content in Buzzfeed’s “Shopping Guide" provides important guidance to advertisers and publishers, particularly with respect to distinguishing between editorial content and advertising, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

• Leveraging Today's Lateral Associate Market

  

  With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

• When Defamation Is Cause To Overturn An Election

  

  The current gubernatorial race in Rhode Island features one candidate threatening a defamation lawsuit against another. But California and Oregon offer candidates an additional remedy — the ability to have an election overturned if it can be proved that defamatory speech swayed voters enough to affect the results, say Mitchell Langberg and Matthew McKissick of Brownstein Hyatt Farber Schreck LLP.

• Q&A

  Back To School: Stanford's Jeff Fisher Talks Supreme Court

  

  In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

• Trends In Hashtags As Trademarks

  

  Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

• Tips For Tech Cos. Developing Event Sponsorship Deals

  

  IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

• Calif.'s New Rules For Lawyers Move Closer To ABA Model

  

  The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

• Know The Limits To Atty Public Statements During A Trial

  

  The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.