Don’t Sweat the Small Stuff

In this post, names and circumstances have been changed to obscure the guilty. Let’s say that my client makes plain sweatshirts, and on the back of some of these blank sweatshirts, someone else had printed Alamo-related text and imagery and was selling them. They were doing this on behalf of a local community baseball team […] Read More

Disney v. VidAngel Part 2: The Revenge of the Ninth Circuit

In late August, the 9th Circuit in California delivered a blow to a legal argument that was questionable to begin with, and was doomed by the defendant’s eagerness to share it. In Disney v. VidAngel, the culture war served as the background of a battle between content goliaths — Disney, LucasFilm, Twentieth Century Fox, and […] Read More

Cybersquatter Gets Swatted Down

They said it couldn’t be done, but Kaufman & Kahn recently not only won summary judgment against a prolific cyber-squatter, but also won an award of statutory damages and attorney’s fees. Gregory Ricks, a renowned cyber-squatter, had registered the domain name, and he’d done that because, frankly, my client named JUST BULBS had failed […] Read More

A Friend of a Friend Said… You Should Actually See a Lawyer

The other day a client sent me two pictures. One was of a someone else’s textile design, and the other was my client’s own rendering of it. The client said “We copied our design from their design. Can you tell us whether it’s infringing?” Rather than respond to the email, I called my client and reminded him […] Read More

Take the Gig, But Lose the Content?

Parties, events, and weddings are the lifeblood of working musicians. It’s money in the hand, as opposed to what might come out of royalties down the road. This incentive is what led a client to reach out to me recently; he had a great gig booked, was looking forward to it…and then the contract came. […] Read More

“Anything Goes”? Not Necessarily

You might think that the inaccuracy of the following statement is obvious: “If it’s on the internet, it’s free.”‘ Still, many of today’s internet users, including business owners, seem to believe it and use what they download with litigious results. There are at least two lawsuits in the Southern District of New York—Veronina v. Scores […] Read More

A Curious Case of Fraud and Bankruptcy

A new client came to me admitting that he’d been defrauded hundreds of thousands of dollars. While the most direct route would be to sue the other party now and ask questions later, it’s in my client’s interest to get a result that’s actually payable—not to mention that unnecessary litigation is not a good use […] Read More

Increased Rights for Whistleblowers in the Private Sector

A recent court decision in Kings County called Della Pietra v. Poly Prep Country Day School has expanded who can bring a cause of action under whistleblower provisions of the New York Not-for-Profit Corporation Law. While the case is significant, and potentially persuasive, it is not a binding precedent. The facts of the case are […] Read More

Get It In Writing!

Sometimes, in the heat of a new project or business opportunity, slowing down to make a written agreement seems boring, unnecessary, and even adversarial. When everything is going well, the parties can feel that reducing it to writing means they don’t trust each other. But an interesting, recent case illustrates exactly how important it is […] Read More

Leaving Your Job to Start Your Own Shop?

{4:48 minutes to read} It’s exciting to find yourself in a place where you can start your own business—exciting and frightening. But, if you’re leaving a place of employment to start your own shop, it’s very important to be sure that your present employer is not inadvertently going to own a piece of the work that […] Read More