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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…
Angela D. Sheehan contributed to this post. In March 2009, after a non-jury trial, the Circuit Court for Carroll County issued a declaratory judgment terminating a commercial lease for a warehouse space in Hampstead, Maryland. Source Interlink Distribution, LLC v. BTR Hampstead, LLC. The facts of the case are thoroughly set forth in the Court’s decision, and interesting legal issues were…
Originally published by the Daily Record on July 31, 2009 (republished with permission.) The evolution of courtroom technology is under way, and it will be computerized. The fuzziness of blown-up images and charts on poster board, long the standbys of trial work, can be sharpened with illustrations and three-dimensional graphics. The rigidity of a PowerPoint presentation can be exchanged for…
The Maryland Insurance Administration (MIA) held that an insurance company did not act with an absence of good faith in adjusting a first party, under-insured motorist claim filed as a result of a motor vehicle accident. Plaintiff’s claim consisted of alleged injuries sustained in a motor vehicle accident in September 2005 involving plaintiff and an underinsured driver as the tortfeasor. Maryland law requires Maryland…
The Obama Administration wasted no time in signaling that its new era of openness and transparency extends to its presence on the Web. A redesigned Whitehouse.gov was launched at 12:01 p.m. on January 20th. With the stipulation that all third-party content on the site is licensed under a Creative Commons “Attribution License,” the Administration also signaled its recognition of the…
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…
The Firm handled a right of publicity/misappropriation of image and likeness case in 2008. During the course of the representation, suits were filed in state courts in Maryland and Delaware and in a federal district court. Causes of action for: (1) common law invasion of privacy – misappropriation of likeness for commercial purposes, and (2) unjust enrichment were brought in…
Ryan A. Burch contributed to this post. The right of publicity gives individuals the right to control how their names and likenesses are used, as well as the right to stop others from using them without permission. Artists whose work features individuals’ names or likenesses should take measures to ensure that right of publicity issues are resolved prior to completing…
Frank Gorman and Ryan Burch successfully defended an employer in an employment retaliation suit before a jury in the Circuit Court for Montgomery County, Burke v. Women’s Surgery Center, et al. The trial lasted seven days, and the jury deliberated for approximately an hour and an half before rendering their verdict. Plaintiff filed a claim with the Montgomery County Office of…
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)…