Theme parks can be significant sources of revenue, but before the cash can flow, the developer of a park must acquire land for the park’s construction. As most everyone knows, the land near Disney World in central Florida has proved its value as a venue for successful...
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Business Litigation
Enforcing a Judgment in Another State – Why and How
You have won your civil case and gotten a judgment. The time for all appeals and post-trial motions has ended. Enforcing your judgment is usually the last step. A judgment in your favor provides enforceable rights, usually the right to be paid by the judgment debtor and often providing non-monetary rights as well. In many cases, happily, this is the…
International Commercial Arbitration Outline
David was on a panel discussing “Business Arbitration” at the University of Maryland Francis King Carey School of Law on November 2, 2012. He presented an Outline of his presentation which can be accessed from this page. His Outline covers the practical challenges of resolving disputes between parties who are citizens of different nations and the practical advantages and disadvantages…
Patent Infringement Litigation under the 2011 Patent Law Changes
Significant changes to patent law were enacted when President Barack Obama signed the America Invents Act on September 16, 2011. While this article notes some of the significant changes in patent prosecution, the emphasis is on the effect the 2011 changes portend for patent infringement litigation. Prosecution Changes The most significant change in patent prosecution is the “first inventor to…
The Right to Control Use of Your Image and Likeness
The proliferation of digital media and communications networks has made it easy for individuals or businesses to take an image or video of a person and use it for their own purposes. This can often mean that a person may find that his/her name or likeness is being used, often for commercial purposes, without authorization. In recent years, such persons…
Business Insurance Evolves To Address Risks Posed By New Technology
I. Introduction A client recently asked me why his insurance company was so resistant to providing his business a defense against an arguably frivolous copyright infringement claim. Incredulously, he inquired, “Isn’t this why I pay premiums?” The claim related to graphics work done by my client and used as advertising on his customer,s website. While the matter ultimately resolved in…
Avoid Lock-Ins of LLC Minority Members
An operating agreement of a Maryland limited liability company (an “LLC”) that does not require the unanimous consent of the members for its amendment leaves the minority member(s) vulnerable to oppression and investment lock-in — even if it provides for voluntary withdrawal or buy-out rights. When faced with a draft operating agreement of such nature, counsel for the minority member(s)…
Case Note: Tiffany, Inc. v. eBay, Inc. – U.S. District Court for the Southern District of New York
I. Introduction Trademark rights holders are keeping close watch on the ongoing litigation between world-famous jeweler Tiffany[i] and the online auction site eBay, Inc. (“eBay”). This litigation arose as a result of the large volume of sales of counterfeit Tiffany goods on eBay’s website. The market for counterfeit merchandise has seen rapid growth over recent years, due in part to the…