Big girls may not cry, but the creative team behind the smash Broadway musical Jersey Boys might be doing just that. On November 28, a jury in Nevada federal court found that the musical’s creators were guilty of copyright infringement—to the tune of 10% of the show’s profits. Jersey Boys centers around the life and times of 1960s doo-wop…
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…
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 interesting. Della Pietra…
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 to…
Recently a lawsuit over a prominent band’s name was filed in state court in Virginia. At first glance, the lawsuit has the ingredients required for an intellectual property case eligible for federal jurisdiction. So why is it being argued in state court? The lead plaintiff, Aston “Family Man” Barrett, began playing with Bob Marley and his…
Recently Buzzfeed News published a reprint of part of a non-disclosure/non-disparagement agreement between Donald Trump’s campaign and anyone who works or volunteers for it — and it made me wonder just how enforceable it is. Under New York law, it’s pretty difficult to avoid a prohibition against sharing confidential information. The courts generally support the notion that if…
Recently we met a client who wants to develop a brand for use in connection with a cannabis product, in one of the 23 states (and the District of Columbia) where it’s legal. While cannabis is clearly a growing business, selling it is still a criminal offense in the eyes of the federal government. So, the…
{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 you do…
Attorneys beware: The equivalent of the so-called “Nigerian prince who has been trying to contact you” has found out where you work! Recently I received a referral for a potential client from another attorney. The first email from this potential client, whom I will call Mr. Jones, explained that he had matters pending in three different…
When he was on Comedy Central’s The Daily Show and The Colbert Report, Stephen Colbert committed to a character that has the same name as his. The character is a greenback conservative who keeps an American shield under his desk—a character who popularized the word “truthiness” (yes, it’s a real word). When Colbert took over David Letterman’s job on…