VIDEO: The Evolving Insider Threat- Dawn Cappelli, Randy Trzeciak of CMU’s Insider Threat Center
This video from RSA Conference 2013 discusses:
- Who typically commits insider crimes – and how;
- How employees are being victimized from outside;
- Why our critical infrastructure is at heightened risk.
Even if you are an employer using standard commercial verification measures, you should be cautious about misuse of any information by employees, managers and contractors. Accordingly, you should be careful with training and education and not on only newly-hired employees. Further, plan on how login credential and access to sensitive information will be handled and/or turned over when training or when terminating, suspending, withholding pay, lowering pay, or taking any other adverse action against an employee.
Entertainment & Fashion Law News Update
January 31, 2013
Entertainment Law News & Events
Entertainment Law Initiative Luncheon Set For Feb. 8 | GRAMMY.com
The GRAMMY Foundation announced today that the keynote discussion at the 15th Annual Entertainment Law Initiative Luncheon & Scholarship Presentation
Colorado IP and entertainment lawyer David Ratner forms ‘Creative …
‘Creative Law Network,’ a Denver-based law firm, will focus on small to mid-size businesses and artists.
Florida Bar Hosts Entertainment Law Event | Billboard
NEW YORK–The Florida Bar Assn.’s Entertainment Arts and Sports Law Section will host its sixth annual legal symposium on music, film and TV on March 26.
UNH Law to debut sports and entertainment law institute
Concord Monitor
The University of New Hampshire’s School of Law will open a Sports and Entertainment Law Institute next fall, giving students the opportunity to focus their studies for a law career in either field.
Entertainment lawyer Mike Novak dies
The Macomb Daily
For nearly three decades, Mike Novak’s name was synonymous with entertainment in the Detroit area. During his career the Troy-based attorney, a resident of Grosse Pointe Shores, represented the likes of artists such as Bob Seger and Kid Rock.
Use a Law Degree to Enter Environmental or Entertainment Fields
U.S. News & World Report (blog)
If you have a question about law school, E-mail me for a chance to be featured next month. This week, I will address questions from readers about pursuing environmental and entertainment law.
Fashion Law News
Minnetonka’s Trademark Suit Against Target Tip-Toes Away http://t.co/sF6vtszP via @FemmeLegale
VIDEO: First Ever Northern California Fashion Law Panel Produced …
First Ever Northern California Fashion Law Panel
Following the Dress Code: Fundamentals of Fashion Law with BK …
February 13th – 6:00-8:00pm 2 MCLE Credits (Professional Practice) 123 Remsen Street, BrooklyModerator: Allegra Selvaggio, Esq.
About The Author
David M. Adler, Esq. is a 2012 Illinois SuperLawyer, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.
Chicago is a new kind of technology hub, and the Techweek Conference is a new type of technology conference.
The Techweek 2012 Conference showcases the technology renaissance evolving in Chicago and the midwest. June 22-26, 2012
Law & Social Data
The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; defamation, obscenity and related liability; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.
Sunday June 24, 2012 3:00pm – 3:45pm @ 3 – 8 A/B (222 Merchandise Mart Plaza, Chicago, IL)
Fashion Law: Legal News Roundup
May 10, 2012
Israel’s Ban on Ultra-Thin Models
FASHION-SAFRICA-NIGERIA-BAKARE (Photo credit: Bohan Shen_沈伯韩)
By Talya Minsberg A new Israeli law prohibits fashion media and advertising from using Photoshop or models who fall below the World Health Organization’s standard for malnutrition. When a 14-year-old girl delivered a 25,000-signature petition this week to Seventeen asking them to curb their use of Photoshop, the magazine issued a press statement that congratulated the girl on her ambition but was conspicuously silent on changing their editorial practices.
An Impossible Conversation About the Met’s Spring 2012 Costume Institute Exhibit
Huffington Post (satire)
So, culturally and historically, the reason women care so much about fashion is that until very recently, we weren’t allowed professional, legal or vocal ways of expressing ourselves. Fashion was a way of articulating our feelings about ourselves.
Small Aussie fashion label turns George Lucas legal threat into ‘Star …
Dallas News Small Aussie fashion label turns George Lucas legal threat into ‘Star Wars‘ clothing deal.
AsianFashionLaw | Page 5
Fashion lawyers are legal experts too. Sometimes I feel as though people think I am in design studios all day twiddling my thumbs as I look at models wearing …
www.asianfashionlaw.com/page/5/
Adidas-India’s ex-MD slaps legal notice on company - Fashion United
The Adidas-saga in India seems to be taking a different turn. - Fashion India News, Network, Business Community, fashion industry, international, platform for …
www.fashionunited.in/…/adidas-indias-ex-md-slaps-legal-notic…
David M. Adler Speaking on Social Media Legal Issues for Marketers at CONVERGE Spring Symposium 2012
April 5, 2012
Icon of Law Firm--owned by user. (Photo credit: Wikipedia)
Attorney David M. Adler will be speaking as part of a legal panel on “legal landmines”, e.g. legal risks and regulatory compliance, in social and mobile marketing as part of the CONVERGE Spring Symposium 2012 taking place in Silicon Valley, May 1-2, 2012.
Topics to be addressed include best practices for direct, digital and mobile marketing including advising on permission-based marketing, emerging technologies, the use of various social media platforms, as well as data security and privacy issues related to electronic and mobile commerce.
New FTC guidelines in the areas of advertising any marketing, as well as consumer privacy and security, have raised awareness of these issues for brands, marketing firms and service providers.
David M. Adler, Esq. is an attorney, author, educator, entrepreneur and nationally-recognized speaker in the fields of intellectual property, media & entertainment and technology law with a multidisciplinary practice focused on counseling businesses across the interrelated areas of Intellectual Property Law, Media & Entertainment, Information Technology and Corporate Law. David provides legal counsel on trademark and copyright clearance, registration and enforcement, digital and new media licensing, production, finance, regulations, Social Media, litigation and corporate-commercial transactions.
David has an extensive private-practice and in-house background counseling clients on marketing, advertising and content deals, lead-generation agreements, referral agreements, advertising-supported revenue deals, product placement, affiliate marketing/group-couponing platforms, CAN-SPAM compliance, digital rights management for video, music, and games. We work with many of the leading studios, labels, social networking sites, and online music companies. He also specializes in advising artistic talent and creative professionals in the arts, entertainment, media and sports industries.
David M Adler, noted entertainment and creatival arts lawyer will be participating in the Visiting Artist Series with Reginald Lawrence (Shepsu Aakhu).
Tuesday, April 10, 2012 11:50 – 1:30 pm
DePaul Center – Room 80051 E. Jackson Blvd.Chicago, IL 60604
Lunch will be served.
Visiting Artist Reginald Lawrence (Shepsu Aakhu) will discuss the legal issues that he has faced in his multi-dimensional career as a playwright, producer, director, and arts educator. In particular, he will focus on the life cycle of a theatrical production from dealing with authors to hiring actors, directors, and crew to mounting the finished production. He will share his perspective on legal questions related to collaboration, intellectual property, and production credit.
Leading Chicago arts lawyer David Adler will join in the conversation, and Professor Margit Livingston will moderate.
For more information on the Visiting Artist Series, please click here.
Registration: General registration is $25 for the 1.5 hour CLE discussion. To register, please visit http://www.regonline.com/reginaldlawrence.
DePaul students, faculty, and staff can register to attend for free by emailing Cecelia Story at cstory@depaul.edu.
DePaul University College of Law is an accredited CLE provider. This event has been approved for 1.5 CLE credits.
Lawyers Top 10 Tricks for Managing Intellectual Property
February 22, 2012
Image via Wikipedia
Intellectual property is often the most significant driver of value among a company’s assets. Therefore, it is increasingly important for companies to actively manage their intellectual property assets to identify, categorize, register and enforce IP assets while minimizing the possibility of legal disputes.
Whether acquiring technology, developing new products or taking stock of the company’s intangible assets, companies must develop ways to protect their assets better, determine ways to realize more revenue from such assets, and reduce risks of costly litigation.
Below are ten intellectual property management tips that will help Companies and their counsel identify and protect IP assets and address infringement issues, among other key steps.
1. Identify: Simply put, think about what patents, trademarks and copyrights you might have and categorize them appropriately. This includes ideas in development.
2. Organize: Once categorized, review the relevant creation and publication/use dates. Determine registration status. File necessary maintenance documents as appropriate and create calendar/docket future due dates for supplemental filings.
3. Monitor: Review the USPTO and Copyright office databases periodically to ensure no junior users may weaken your rights.
4. Conduct a USPTO “Basic Search”: Start your search here. Individual results pages will include direct links to the mark’s records in TARR (best way to check current status of application/mark), ASSIGN (best way to see if the mark has been assigned), TDR (best way to retrieve relevant documents), TTAB (search and review board proceedings).
5. Conduct a USPTO Document Search: Use this database to determine existence of and locate documents related to specific applications.
6. Conduct a Copyright.gov Search: This is the best place to start with any copyright related questions. Includes searched for copies of registered works.
7. Google- search: Great secondary, broad-stroke search. Tends to return higher percentage of irrelevant results, but good at finding that needle-in-a-haystack type rip-off/con artist.
8. Create Google alerts: Use these to stay abreast of relevant changes in the database. Narrow alert criteria to specific keywords/phrases.
9. Conduct a State Trademark Databases Search: Don’t forget your own back yard. Search state databases for d/b/as, etc. (IL=cyberdriveillinois.com).
10. Ask you lawyer about specific concerns. Every situation is different and the only way to properly asses the risks/costs of any course of action is to discuss your matter with a competent attorney who practices in this area.
©2012 David M. Adler, Esq. All Rights Reserved.
RSA 2012 Conference Podcast: Social Media Legal & Regulatory Compliance
February 14, 2012
The past few years have witnessed an explosion of legal and regulatory activity involving social and other new media. This session will examine several key areas, including copyright, trademark and related intellectual property concerns; defamation, obscenity and related liability; false advertising and marketing restrictions; gaming; data privacy issues presented by social media; and impacts of social media on employees and the workplace. Attendees will learn how to identify legal risks and issues before they become full-scale emergencies and how to develop appropriate policies and guidelines covering social media activity.
The RSA® Conference 2012 is coming up: February 27 – March 2, 2012 at the Moscone cEnter in San Francisco, CA.
Can’t make the Conference? Listen to the podcast here to get a sense of what you need to know.
USPTO Notice of Proposed Rule: Additional Specimens And/Or Evidence Of Use May Soon Be Required
November 11, 2011
Notice of Proposed Rule, 76 Fed. Reg. 40,839, issued by the United States Patent and Trademark Office (USPTO) on July 12, 2011 addresses “proof” that a mark is in use. Specifically, the proposed rules address issues related to the USPTO’s ability to verify the accuracy of the identification of goods and services by allowing the USPTO to require additional proof of use of a mark.
The proposed rules allow the USPTO to require (1) additional “information, exhibits, and affidavits or declarations deemed reasonably necessary to examine” renewal applications and declarations of use, and (2) “more than one specimen in connection with a use-based trademark application, an allegation of use, an amendment to a registered mark, or an affidavit or declaration of continued use.” According to the USPTO, the proposed rules “will facilitate an assessment of the reliability of the trademark register . . . so that the USPTO and stakeholders may determine whether and to what extent a general problem may exist and consider measures to address it, if necessary.”
Although the USPTO indicates that the requirements will not be widely implemented, members of the trademark bar have expressed concerns that the circumstances under which the USPTO may require additional specimens and/or evidence are unclear and that such requests may affect filing deadlines.
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Hiring a lawyer
While small businesses often need some legal advice, they can’t always find a professional with the right expertise at a budget the small business can afford. Since small businesses usually don’t need lawyers that often, when it comes time to review a contract, buy out a partner or protect their brand and trademark, they often don’t know where to start. The purpose of this article is to give executives a business owners a guide on how to ask a prospective lawyer the right questions to get the service one needs at a price that one can afford.
To get answers to questions about hiring a lawyer, please select one of the links below.
- How do I hire a lawyer?
- What can a lawyer do for me?
- How can a lawyer help me in setting up a business?
- How can a lawyer help when my business is up and running?
- If I decide to get out of business, how can a lawyer help me?
- When do you need a lawyer?
- How do I contact a lawyer?
- How do I find a lawyer?
- What should I ask a prospective lawyer?
- How can I help my lawyer?
- How do lawyers calculate their fees?
How do I hire a lawyer?
Lawyers are highly-trained professionals who counsel individuals and businesses in a full range of personal and corporate legal matters. Many business transactions have legal implications, so you should try to find a lawyer whom you can treat as a trusted advisor. These questions are designed to help you choose the right lawyer for your situation.
What can a lawyer do for me?
Lawyers provide legal guidance. This doesn’t mean that they can make your business decisions for you. A lawyer should identify legal issues of concern to you or your small business, tell you what the law says about these issues, and advise you on how to address them.
How can a lawyer help me in setting up a business?
A lawyer can:
- Explain the advantages and disadvantages of a sole proprietorship, a partnership or a corporation;
- draft a partnership agreement or incorporate your company;
- review financial documents for your business such as a loan;
- review leases of premises or equipment;
- act for you in the purchase of property;
- review franchise agreements;
- draft standard form contracts for use in your business;
- advise you how to best protect your ideas, trademarks, designs and know-how.
How can a lawyer help when my business is up and running?
A lawyer can:
- help you negotiate contracts and put them in writing;
- advise you on hiring and firing employees;
- advise you about doing business in other provinces and countries;
- help you collect unpaid bills;
- defend any lawsuits against you;
- advise you about taxes.
If I decide to get out of business, how can a lawyer help me?
A lawyer can:
- help you sell your business;
- help you sell you ownership interest if you are one of several owners;
- arrange for the transfer of the business to your children;
- dissolve a corporation or LLC.
When do you need a lawyer?
The recommended approach is to seek the advice of a lawyer whenever a legal issue arises that involves your business. Since it is not always clear when that happens, many problems are solved without resorting to lawyers. When an issue arises, you must first decide whether you need a lawyer at all. In order to know if you should solve your problem on your own, ask yourself the following questions:
- What are the consequences if you are unsuccessful?
- How complex is the law in your situation?
- Do you have the time and energy?
If you are still unsure, some outside professionals, advisors or para-professionals may be useful:
Check with your Board of Directors or Board of Advisors; they can provide information about the steps they went through and the resources they used in solving their problems. Contact government and non-profit organizations for income tax, legal aid, consumer protection, employment standards, etc.
Check with other professionals: accountants, bank officers, insurance agents. For some routine matters, legal assistants, para-legals and notaries public are useful. While not allowed to give legal advice, they can provide added value in familiarity with standard corporate forms and filing requirements.
Also, don’t forget public libraries, legal aid services, student legal services, small claims courts, reading self-help books and other resources such as books, pamphlets and videos.
How do I contact a lawyer?
Give him a call. Most lawyers are happy to steer people in the right direction and calm fears about the legal process. There are several advantages to this approach. The main one is that a lawyer can quickly cut to the heart of your problem, distinguish between legal and non-legal problems. Another advantage is that you usually will not be charged for this phone call. Finally, a lawyer will not only keep your problem confidential, but has the ability to assess it from a less emotional perspective.
Please feel free to call us at (866) 734-2568 should you have any questions.
How do I find a lawyer?
First, try to identify the areas of law in which your problems fall so that you can find a lawyer capable with dealing with all these areas. Some of the main areas of legal practice linked to business are:
- Corporate/commercial/securities law (incorporation, buying/selling a business, drafting shareholders/partnership agreement)
- Labor/employment law (negotiating and interpreting collective agreements, resolving disputes, explaining obligations, advising about restrictive covenants, dismissals)
- Civil litigation law (suing, being sued, collecting debts, negotiating and settling)
- Real Estate law (buying or selling land or property, negotiating a lease, solving landlord/tenant disputes, mortgaging property)
- Wills and estates (drafting or challenging a will, probate)
What should I ask a prospective lawyer?
Some questions you should ask a prospective lawyer are:
- How many years are you in practice?
- How long have you been with your current firm?
- What areas of law do you practice?
- Are you a partner or an associate?
- Time and accessibility
- How quickly can I expect a resolution?
- When can we meet?
- How much can I expect top pay?
- How do you charge for your services?
- Do you provide your clients with a detailed written statement of fees?
- Do you charge anything for the first meeting?
- Do you communicate via telephone, cell phone, fax or email?
How can I help my lawyer?
Ways you can help your lawyer include:
- Be honesty and open
- Tell the lawyer all the facts, even the ones that you think are “bad”.
- Keep your lawyer up to date on any events or any changes relating to your file.
- Ask for advice in plain language and summarize how you understand it.
- Ask to be directed to any reading that you could do to better understand.
- Ask for a description of the steps your lawyer plans to take and think about the way you could help at each step.
- Stay informed and keep track of what transpires on your file.
- Take notes at all meetings and list tasks to be completed.
- Ask for copies of all correspondence on file.
- Have confidence in your lawyer’s advice and follow his/her instructions.
- Do not harass your lawyer. If you need more attention, discuss way in which he/she can keep you informed.
- Be prepared to accept both positive and negative advice.
- Never do anything concerning your case without consulting your lawyer.
- Provide information to your lawyer as soon as possible after he/she requests it.
- Pay your bills on time and be available if your lawyer needs you.
How do lawyers calculate their fees?
Depending on the complexity of the issues, the services required, and the degree of experience of the lawyer, fees can be charged in different ways:
- Billed hourly: charged a rate for the time they spend working for you (e.g. the time spent reading a letter or talking on the phone).
- Flat Fee: charge a flat rate for a particular matter, usually when they can predict how long the work will take: incorporations, trademarks.
- Contingency Fee: in some matters, the lawyer’s fee will be a stated percentage of the amount of money collected from the lawsuit.
- Retainer: provide a range of specified services for a fixed monthly or annual fee.
In addition, lawyers will also bill for disbursements such as long distance phone calls, photocopies, document filling fees, experts’ reports and travel expenses.
Safeguarding Ideas, Relationships & Talent®
Executives face an often confusing and changing set of challenges trying to ensure that their business remains legally compliant. Yet few can afford the highly-qualified and versatile legal staff needed to deal with today’s complex and inconstant legal and regulatory environment. Adler & Franczyk is a boutique law firm created with a specific mission in mind: to provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in a way that drives innovation and increases the overall value of the business.
We approach our relationship with each client as a true partnership and we view our firm as an extension of their capabilities. Our primary value is our specialization on relevant and complex issues that maintain the leading edge for our clients. We invite you to learn more about the services we offer and how we differ.
On the web: www.ecommerceattorney.com
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We look forward to the opportunity to discuss any questions you may have regarding the range of business, technology and intellectual property services we offer. Please feel free to call us at (866) 734-2568 should you have any questions.
