We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Published Articles
Government Certification = Business
The federal government and many city and state governments have programs designed to increase the flow of contracts to minority-owned and women-owned businesses. A recent example of a firm winning status as a women-owned business is Public Communications Inc. of Chicago. It won the designation of "Women's Business Enterprise" from the Women's Business Development Center, Chicago, and is seeking similar recognition from city, county, state and federal offices. Read more.
January 29, 2007
Published Articles
Creating Some Buzz, Commercial Alert’s Complaint, FTC’s Guidance
Advertisers are increasingly turning to "buzz marketing" to communicate with today's consumers. These consumers are watching (and posting) videos on YouTube. They belong to social networking sites such as mySpace. They have avatars on Second Life. They have their own blogs. And, the theory goes, they are less susceptible to being influenced by traditional advertising campaigns. Read more.
January 26, 2007
Setup and Tax Advice for New Firms
PR professionals who strike out on their own face legal and accounting issues but they are by no means daunting.A sole proprietor will have far fewer issues than a group of PR people starting a business. Sole proprietor may make sense if the business is small and the owner has few assets. If you just do business under your own name, there's no need even to file a DBA (Doing Business As) form with the state or county. Read more.
December 20, 2006
Litigations that Changed the Games Industry
Gamasutra published S. Gregory Boyd's article "Litigations that Changed the Games Industry". View Article
December 18, 2006
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Published Articles
“Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide ....”
Internet Law & Strategy published Sean Kane's article "Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide When to Hold Them and When to Fold Them" was published in its November 2006 issue, Vol. 4, No. 11.
November 30, 2006
Published Articles
Consider “Phantom Stock”
Smaller PR firms usually don't offer stock to employees because this raises complicated tax issues and minority ownership protection issues. It can also be costly to set up such a program. Also, PR firms may have to repurchase their own equity at a later date and take a financial hit. An alternative is "phantom stock" which lets employees share in the growth of a firm but eliminates the complications of actual stock. Read more.
November 8, 2006
In the Press: Quoted
Industry Dealflow
The Hollywood Reporter listed Amy Nickin as counsel to John Goodman in the column "Industry Dealflow".
October 24, 2006
Published Articles
“New Kinds of e-Commerce”
E-Commerce Law & Strategy, Vol. 23, No. 4. published Sean F. Kane's article "New Kinds of e-Commerce".
August 31, 2006
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Published Articles
Made in the USA
Reacting to consumers' concerns about issues such as unemployment, the trade deficit, and world events, advertisers often want to market their products as have been "Made in the USA." If you’re planning to make patriotic claims for one of your clients, it’s important that you understand Federal Trade Commission rules on when you can say that a product is American-made. Read more.
August 17, 2006
Published Articles
“Asset Creation, Seclusion And Money Laundering In The Virtual World”
Internet Law & Strategy published Sean F. Kane's article "Asset Creation, Seclusion And Money Laundering In The Virtual World".
July 31, 2006
Published Articles
“Protecting Your Client’s Motion Picture Investment”
The New Jersey State Bar Association published Sean F. Kane's article "Protecting Your Client’s Motion Picture Investment" in the "Business Law" section of its Vol. 30, No. 1 publication.
July 31, 2006
Published Articles
Software and Software Tools
Technology has brought about many changes to the advertising industry. However, the provisions of the typical advertising service agreement have not evolved to accommodate these changes. In particular, the ownership, intellectual property and indemnification provisions of many agreements between agencies and advertisers have not been adapted to accommodate the change in the services that the agencies provide. View Article
July 24, 2006
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Published Articles
What’s in a Name?
The Deli Magazine published Christopher Chase's article "What's in a name?". Read more.
July 14, 2006
Published Articles
Makers of “Grand Theft Auto” Settle FTC Charges
The makers of the "Grand Theft Auto: San Andreas" video game, Take-Two Interactive Software, Inc. and Rockstar Games, Inc., recently settled Federal Trade Commission charges that they deceptively marketed the game by failing to disclose to consumers that it contained hidden content. FTC File No. 052 3158 (June 8, 2006). Read more.
June 16, 2006
Published Articles
Who Owns Online Content and Who Should Own It - A Lawyer’s Thoughts on Five Online Content Scenarios
The combination of ubiquitous online social networking and Web 2.0 is fueling the latest online intellectual property confrontation between content companies and internet users. In an interesting twist, though, this time the content is being created by the internet users themselves. Read more.
June 7, 2006
Published Articles
Food for Thought
The National Advertising Division recently told Dr. Pepper Seven Up, Inc. that advertising for its 7UP PLUS soda, which is made with real fruit juice, was misleading because of the real fruit that was shown. Read more.
April 17, 2006
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Published Articles
“Can The Grokster Settlement Close Pandora’s Box?”
Internet Law & Strategy, Vol. 3, No. 12 published Sean F. Kane's article "Can The Grokster Settlement Close Pandora’s Box?"
December 31, 2005
“Can The Grokster Settlement Close The File-Sharing Pandora’s Box?”
e-Commerce Law & Strategy, Vol. 22, No. 8 published Sean F. Kane's article "Can The Grokster Settlement Close The File-Sharing Pandora’s Box?"
December 31, 2005
Published Articles
Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection
Gamasutra published S. Gregory Boyd's article "Nintendo Entertainment System – Expired Patents Do Not Mean Expired Protection". View Article
November 11, 2005
Published Articles
“International Film Production Incentives”
Entertainment Law & Finance, Vol. 21, No. 7 published Sean F. Kane's article "International Film Production Incentives".
October 31, 2005
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“Inside Grokster”
Sean F. Kane contributed to "Inside Grokster" an Internet Law & Strategy Virtual Roundtable, which was published in August/September 2005 by Internet Law & Strategy, Vol. 3, No. 8A.
September 30, 2005
Published Articles
“Virtual Worlds And Digital Rights ....”
Internet Law & Strategy, Vol. 3, No. 9 published Sean F. Kane's article "Virtual Worlds And Digital Rights, Can Stealing An Online Gamer’s IP Or Magic Sword Mean Real-World Legal Hot Water?".
September 30, 2005
Published Articles
Doing a Remake?
Alka-Seltzer recently launched a remake of its famous "Try it, you'll like it" commercial from the 1970s. The new commercial takes the old favorite about a restaurant patron who was encouraged by the waiter to eat - "try it, you'll like it" - and updates it with "My Life on the D-List" star Kathy Griffin. We've had the "New Love Boat" and "Superman Returns," so why not bring back old favorites in the commercial world as well? Read more.
September 17, 2005
Published Articles
Inspired By Someone Else’s Work?
When developing advertising concepts, creatives get their inspiration from many sources. But when the inspiration comes from other creative works, such as a preexisting photograph or television show, there’s a risk that you may infringe upon the original creator’s rights. A recent decision by a federal court in New York illustrates just how easy it is to run into trouble. Read more.
September 16, 2005
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Published Articles
“A Primer On Protecting Investments In Motion-Picture Productions”
Entertainment Law & Finance, Vol. 21, No. 4 published Sean F. Kane's article "A Primer On Protecting Investments In Motion-Picture Productions".
July 31, 2005