Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical
What If a Lawyer’s Published Work Could Be Cited Like a Law Review Article?
Legal citations follow a rigid format that tells you exactly who said what, where it was published, and when.
Without proper citations, neither the court nor lawyers can cite a published work. Big reason that practitioner publishing, whether blogs, white papers or articles are not cited.
Here’s an example of a citation for a law review article: Jane Smith, The
There’s No Citation System for Practitioner Publishing. That’s a Problem.
Case law has a citation system. Statutes have one. Law reviews have one.
But when a practicing lawyer shares insight and commentary on the law, whether it be interpreting primary law or breaking down the law for clients or the public there’s nothing.
No structured way for lawyers or the court to cite it. No persistent identifier connecting the work
Where Should Your Legal Publishing Live?
If you’re a lawyer publishing insight and commentary on your niche area of law, where do you want your publishing to live?
Of course, you’ll still want publishing on your website. People who find you by word of mouth, through search, or even through an LLM will look you up there. But that audience is shrinking.
But think about a
Why Lady Gaga Prevailed in the “Mayhem” Trademark Dispute
The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape.
In December, a federal court denied Lost International’s motion for a preliminary
The Briefing: Vetter v. Resnik: When Copyright Termination Goes Global
What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they
The Briefing: Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?
When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph and why it may signal the beginning
All the Cosmic Tumblers Have Clicked Into Place
It’s hard enough as the leader of a company to keep yourself and your team on vision. It’s harder still to pivot from the original vision to something new. But at some point, you have to. Because of an opportunity, an obligation to serve, or a marketplace that’s moving—which isn’t.
Over the last six months or more, I’ve been writing
Who Remembers When Section 230 Was Something?
Who remembers when Section 230 of the Communications Decency Act gave platforms the confidence to host legal communities online?
It was thoughtful of Professor Eric Goldman of Santa Clara University School of Law to mark the 30th anniversary of the act of this week with a great legal analysis of its history, in which he began,
“Section 230 didn’t receive
The Briefing: Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits
California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits.
In this episode, they cover: