Archive

It may seem bizarre to ask whether an animal can own property. After all, over the ages, animals have generally been considered human property themselves. Today, one of these property rights is in dispute. Copyright is a form of intellectual property law which protects original...

Every year the Supreme Court continues to distill and define the rules of intellectual property law, and this year is no different. There are several cases before the high court in this term that involve intellectual property rights, including one about whether a copyrightable or...

Thomas Sandys Derivatively on Behalf of Zynga, Inc. v. Pincus, et al., Delaware Supreme Court, Case No. 157,2016, December 5, 2016, highlights the sometimes difficulty, and the importance of evaluating director independence in the circumstance of a shareholder derivative suit. In Zynga, the plaintiff filed his...

Facebook is the latest company suffering from a large verdict due to an intellectual property claim. Now Facebook is facing the prospect of paying a judgment to the plaintiffs of $500 million. This is a huge sum to pay, and it is rare for a...

Recently pending before the U.S. Supreme Court was a decision on whether Samsung would owe Apple nearly $400 million in damages. The court’s ruling on that case will alter how much Samsung owes for patent infringement, and change patent law going forward. The ruling clarifies...

The Fiscal Cliff deal last January renewed and extended through 2013 a little known film and TV tax incentive under section 181 of the Code. Basically, in 2004, Congress passed legislation allowing a deduction of up to $15 million for investment US production. Absent this...

By now, everyone has heard of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), which has turned traditional deferred compensation on its head by including deferrals in gross income unless they meet strict requirements.  While Hollywood may have been the...

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