Published Articles
Taming the Champerty Beast: A Proposal for Funding Class Action Plaintiffs
Being a plaintiff's class action lawyer can make you very rich, but no one ever said it was easy. You first have to find willing class representatives with a decent claim. But class representatives generally lack the resources to pay the enormous expenses of moving the case forward, so you have to fund the cases yourself or get other lawyers to help. Meanwhile, deep-pocket defendants often use their superior resources to turn the case into a battle of attrition. Read more.
July 28, 2005
Published Articles
Bringing on a New Director?
Last month’s LegalEase discussed some of the mistakes that directors make when joining a production company. When negotiating with directors, production companies can make many missteps as well. Read more.
July 16, 2005
Published Articles
Signing With A Production Company?
In addition to seeing some terrific work, the audience at SHOOT’s New Directors Showcase, held a few weeks ago at the DGA Theater in New York City, heard directors, production company heads, and others talk about the many challenges of building a new director’s career. Without a doubt, if you’re a director, building a reel, finding a production company, and getting good work isn’t going to be easy. Read more.
June 16, 2005
Published Articles
Can Reading This Help You Lose Weight?
After years of litigation, California infomercial producer Modern Interactive Technology, Inc., along with its two principals, recently settled charges by the Federal Trade Commission that they participated in developing deceptive claims used to sell weight loss products. Read more.
May 15, 2005
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Published Articles
Getting Paid Late?
Earlier this year, SHOOT reported that the AICP revised its Guidelines to address concerns in the production community about late payment by advertising agencies. The AICP now recommends that production companies assess finance charges on all payments that are more than thirty days overdue. Read more.
April 15, 2005
Alerts: Employment Law
Executive Compensation: Avoid Unnecessary Taxes on Restricted Founders Equity
Start-up companies typically issue restricted stock to founders pursuant to Internal Revenue Code ("IRC") Section 351. To encourage founders to remain with the company, start-ups often attach vesting provisions to the stock. Managing the vesting of founders equity can be tricky, and simple mistakes can create significant, unanticipated income tax liabilities. One common error we've seen occurs when such founders fail to "elect" to pay income tax at the time of the issuance under IRC Section 83(b). This article identifies this trap and helps you avoid it. Read more.
April 7, 2005
Published Articles
Doing A Product Placement?
Responding to a complaint brought by Commercial Alert in late 2003, the Federal Trade Commission recently said that it has decided not to require advertisers to disclose product placements in television programs at the time that the product appears on screen. Read more.
March 5, 2005
Published Articles
Do You Have Proof for Your Claims? And Do You Floss?
Like many Americans, I have had some awkward conversations with my dental hygienist trying to explain why I hadn’t flossed. So when I saw Listerine’s recent advertising campaign promoting mouthwash that is "as effective as floss," I put aside the jaded skepticism of an advertising lawyer and rushed out to buy a bottle of Cool Mint Listerine. Read more.
January 16, 2005
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Published Articles: In the Press
Death and Taxes
Lauren Bishow wrote the article, “Death and Taxes: The Family Limited Partnership and Its Use in Estate Planning After the Third Circuit’s Ruling in Estate of Thompson v. Commissioner” published by the Villanova Law Review.
January 15, 2005
Published Articles
Had Enough Politics Yet?
The marketer of the Arnold Schwarzenegger bobble head doll, Ohio Discount Merchandise, Inc., reportedly just settled a lawsuit brought on behalf of the California Governor, alleging that the doll violated Schwarzenegger’s rights. Read more.
November 16, 2004
Published Articles
Advertising to Children?
The Children’s Advertising Review Unit of the Council of Better Business Bureaus recently announced that Nakajima USA Inc., marketers of the Pirates of the Caribbean Water Slide, said it would modify a television commercial promoting the slide, before airing it again, in order to emphasize that children should use the product under adult supervision. Read more.
October 15, 2004
Published Articles
Heightened Enforcement - and What to Do About It
New developments in indecency law are changing the way media executives and artists do business. Until now, broadcasters and artists could argue that certain questionable content was not indecent in light of the context of the challenged utterances. However, recent changes in the law suggest that context may no longer matter, thereby removing an important defense to a Federal Communications Commission complaint. Read more.
September 25, 2004
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Published Articles
Getting Only Limited Rights?
More than four years ago, Polar Bear Productions, a Montana-based production company, sued Timex Corporation, alleging that Timex continued to use footage licensed by Polar Bear after the term of the license had expired. Even after two trials, and a decision earlier this month by a federal appeals court in Washington, the lawsuit isn’t over, with the parties still fighting over the calculation of damages and other issues. Read more.
September 15, 2004
Published Articles
Negotiating a Director Contract?
As production companies compete for commercial directors, the directors also struggle with the decision of which company is right for them. With advertising agencies and their clients being tougher about bids, and with the realities of under-funded jobs and lower markups, production company profits are shrinking, leaving a lot less money to divide up. Read more.
August 15, 2004
Court Recognizes Patent Protection For Online Pre-Roll Ad Videos
The Global Advertising Lawyers Alliance featured Claudine Wilson's article "Court Recognizes Patent Protection For Online Pre-Roll Ad Videos". Read more.
July 31, 2004
Published Articles
Thinking About Fried Chicken?
The Federal Trade Commission has repeatedly warned that it intends to aggressively prosecute advertisers who make deceptive health and weight loss claims. As part of these efforts, the FTC recently announced that it entered into a settlement agreement with KFC Corporation, the owner of the KFC restaurant chain, over allegations that KFC made false claims in its television commercials about the nutritional value and health benefits of its fried chicken. Read more.
July 15, 2004
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Published Articles
Thinking About Using “Mouse Type”?
When a script finally gets the green light from the client, that approval often comes with a catch: the lawyers want you to add some disclosures. After cursing out the lawyers, and worrying that the creative will be ruined, people start asking pointed questions. Read more.
June 20, 2004
Reducing Risks Posed by Financially Distressed Clients
If you're like most agency executives, you've probably had the disappointing experience of working with a client in financial difficulty. Today, it is possible for any client - even well-established companies - to experience financial difficulties. Unfortunately, many agencies ignore the risks posed by their clients' finances. Read more.
May 15, 2004
Suing Disloyal Employees & Agents: Court gives employers a powerful new weapon
There's good news for companies and individuals seeking to win compensation from unfaithful employees: New York's highest federal court has ruled that disloyal employees must forfeit all compensation received after their first disloyal act. Read more.
April 28, 2004
Published Articles
Planning to Advertise You’re “Better”?
In a decision that may come as a surprise to many advertisers who rely on "puffery" in order to tout their products as "better," the National Advertising Division of the Council of Better Business Bureaus ("NAD") recently recommended to General Mills that it discontinue making a claim in a free standing insert that its Progresso soups taste "better." Read more.
April 15, 2004
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Published Articles
Thinking of Doing a Parody?
Not only did Ralph Nader foil the Democrats' bid for the White House four years ago, but a federal court in New York recently ruled that Nader and his political committees did not violate MasterCard's rights when they parodied MasterCard’s "priceless" campaign. Read more.
April 15, 2004
Published Articles
Planning to Use Some Four-Letter Words?
The day after Janet Jackson exposed one of her breasts during the Super Bowl halftime show, Michael K. Powell, the Chairman of the Federal Communications Commission, announced that the FCC would begin an immediate investigation into the broadcast. Read more.
March 8, 2004
Published Articles
Using Someone in Advertising…Without Consent?
For years, the media has reported on high profile lawsuits involving allegations that celebrities were used in advertising, or for other commercial purposes, without permission. Even after the Dustin Hoffman, Tiger Woods, and Vanna White cases, to name a few, many advertisers, agencies, and production companies still seem to be confused about the "right of publicity." Read more.
February 15, 2004
Published Articles
Looking for Some New Year’s Resolutions?
After another tough year in the advertising industry, with declining profits and fierce competition, it’s more important than ever to be vigilant about protecting yourself from legal problems. As we begin 2004, you just can’t afford to make needless mistakes that could end up costing big dollars. Read more.
January 15, 2004
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Published Articles
Watch Out For That…
There’s that familiar moment, during a shoot, when someone turns to the producer and says, "by the way, did we get permission to use that [insert name of really important prop here]." With short production schedules, tight budgets, and little understanding about what rights manufacturers have, production companies regularly use props without getting permission. Read more.
December 12, 2003
