AttorneysEd Center

In a very closely watched decision, the Second Circuit Court of Appeals ruled on the "fair use" defense raised against a charge of copyright infringement by the artist Richard Prince. Anthony LoCicero of Amster, Rothstein and Ebenstein LLP analyzes this decision and comments on its impact on the applicability of the fair use defense to all forms of copyrightable works.

In its Kirtsaeng decision, the Supreme Court extended the First Sale Doctrine to copyrighted works sold abroad. Anthony F LoCicero of Amster, Rothstein & Ebenstein discusses the implications of this case, not only for copyrighted works, but also for its potential implications to trademark and patent law.

Tom Mason of Zuckerman Spaeder discusses the “no-contact” rule which prohibits a lawyer from contacting represented persons without the permission of the person’s attorney. Topics include: • How to handle contacts initiated by the represented person; • With represented organizations, who can be contacted without pre-clearance from the organization’s attorney; • Contacts for the purpose of replacing the represented person’s current lawyer; • Contacts with in-house counsel of a represented organization; • Client-to-client contacts and the lawyer’s role in advising the client about such contacts; • Contacts with non-lawyer government officials in matters involving the government; and • Conflicts of laws: which ethics rules apply.

Former EEOC General Counsel Eric Dreiband, currently a partner at Jones Day, discusses investigations and litigation by the Equal Employment Opportunity Commission (EEOC) and its priorities, court decisions that address the EEOC's process and challenges to employer policies, and strategies to utilize in responding to EEOC investigations and litigation.

Steve Bennett of Jones Day provides valuable insights and guidance for lawyers whose foreign clients are involved in U.S. litigation. Topics include: • Preliminary issues: venue, jurisdiction, service, forum non conveniens • Choice of law / conflicts of law • U.S. Discovery • Immunity / Act of State doctrine • Arbitration

Steve Bennett of Jones Day discusses the latest legal developments and strategies concerning e-discovery costs. Topics include: • Why this issue matters • Applicable statutes and rules • Recent rulings • Strategic alternatives • Resources

The Second Circuit's recent decision in Bechtel v. Administrative Review Board, No. 11-4918-ag (March 5, 2013), announced that it would also follow the burden-shifting framework adopted by other Circuits to whistleblower retaliation claims under the Sarbanes-Oxley Act. Join Courtney Worcester for a discussion of Bechtel and other Circuit decisions and what they mean for employers facing retaliation claims.

In the wake of Dodd-Frank, complaints by whistleblowers are on the rise and are unlikely to decrease anytime soon. And as recent events make clear, companies need to be prepared for whistleblowers going to the press. Join Roger Lane, Michael Thompson and Courtney Worcester as they walk through the top ten tips internal and external counsel should follow in conducting an internal whistleblower investigation to mitigate both legal exposure and costs as well as discuss how to deal with, and respond to, leaks and other public incidents of whistleblowing.

When venture capital firms invest in portfolio companies, it is common for a general partner of the fund to take a position on the company's board. It is understood that the general partner owes a fiduciary duty to the company's stockholders, but what about the venture capital fund itself? Under what circumstances may the fund be found to owe fiduciary duties to the company's other stockholders? What are the limitations on what the fund can do? May the fund exercise its contractual rights with impunity or are there limitations? Join Roger Lane and Courtney Worcester as they explore these questions in this evolving area of the law and provide practical advice for addressing them to counsel who advise venture capital funds and portfolio companies.

The SEC is expected to continue its focus on the private equity industry in 2013. In this program of particular interest to attorneys who advise private equity firms, Roger Lane and Courtney Worcester provide: • an overview of several areas that the SEC is expected to concentrate on, including valuation practices during a fundraising period; conflicts of interest; and the fiduciary duties owed by the Chief Operating Officers and Chief Financial Officers of private equity funds, and • best practices to avoid SEC scrutiny or mitigate the risks when you can't.