Legal Research

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Free With Registration: International Environmental Law
Friday, August 28, 2009
By Stephen L. Kass
"
 Stephen L. Kass, a partner at Carter Ledyard & Milburn and an adjunct professor of international environmental law at Brooklyn Law School, writes: With the international community focusing on the critical U.S. and Chinese commitments needed for December's Copenhagen conference on climate change, it is easy to overlook the role of other nations' development projects on the environment and the need for strengthened environmental institutions and enforcement at regional and national levels. One example is the 'Interoceanica' highway being constructed in Brazil's and Peru's Amazon regions, which will cross the Amazon and the Andes to link Brazil's Atlantic coast with the Pacific in Peru."

Entertainment Law
Friday, August 28, 2009
By Michael I. Rudell and Neil J. Rosini

"Michael I. Rudell and Neil J. Rosini, partners in Franklin Weinrib Rudell & Vassallo, review a recent decision in which the court refused to find that a grant of film rights in the Superman copyright from DC Comics to its much larger corporate sibling Warner Bros. Entertainment represented a 'sweetheart deal.' The court considered other film rights agreements from the 1990s and early 2000s as it weighed whether direct and indirect economic terms in the DC-Warner agreement placed the overall deal within the range of fair market value for the rights granted. The lengthy decision makes notable distinctions between 'comparable' and 'incomparable' deals but gives determinative weight both to a lack of key evidence and to the timing of the action itself."

OUTSIDE COUNSEL:

Ironing Out eBay's Obligations to Brand Owners
Friday, August 28, 2009
By Catherine M. Clayton and Lucy E. Emhardt

"Catherine M. Clayton, a director at Gibbons, and Lucy E. Emhardt, an associate at the firm, write: In the past few years, courts in the U.S. and Europe have handed down rulings on the issue of eBay's liability for the sale of counterfeit goods via its online marketplace. Interestingly, the lower court decisions in these cases have been widely varied, placing different obligations on trademark owners and online auction sites from country to country. Recent appellate decisions, however, have brought their outcomes closer together, though not completely in line."