Di Santo LLP - Attorneys at Law

The Battle Continues–Viacom Appealed Favorable Ruling For YouTube

admin — Mon, 16 Aug 2010 19:47:36 +0000

As a sequel to the 3-year court battle between Viacom and YouTube over copyrighted content, Viacom formally appealed the most recent court’s decision dismissing Viacom’s claims against YouTube for copyright infringement. The battle started 3 years ago, when Viacom sued YouTube seeking more than $1 billion in damages in connection with video clips posted on YouTube’s site that were owned by Viacom channels such as Comedy Central and MTV. In reaching its decision to dismiss Viacom’s claims, the court in June ruled that YouTube was entitled to so-called “safe harbor” protections found at 17 U.S.C. Section 512(c) of Digital Millennium Copyright Act (DMCA). The court held that YouTube’s “general” knowledge that infringing content was on site did not disqualify it from the protection. Rather, it was still the responsibility of the copyright owner to police the site and ask YouTube to remove the content. As long as YouTube responded promptly, it would be entitled to safe harbor protection.

If you would like to speak to us about how we can help your company’s website comply with current laws and regulations please contact:

Julia Cheng at + 1 212.766.2468

Andrew Vitrano at +1 212.766.2470

Dodd-Frank Wall Street Reform and Consumer Protection Act Becomes Law

admin — Thu, 22 Jul 2010 19:34:33 +0000

On July 21^st, 2010, President Obama signed into law the most sweeping financial regulatory reform bill since 1934, a year made famous by the passing of the Securities Exchange Act, which created the U.S. Securities and Exchange Commission (SEC). However, in order for the new law to be implemented, the SEC, the Commodity Futures Trading Commission (CFTC), the Federal Reserve, the not-yet-established Consumer Financial Protection Bureau (CFPB) and other regulators will be required to write hundreds of new rules.

Complying with the new regulations will be challenging. The changes that will be forced upon financial services organizations and their employees will be so drastic that banks, broker-dealers, investment banks, investment funds of all types, and other financial services organizations should establish plans for compliance immediately. A sixteen-page summary of the 2,300-page law and its changes may be found on the website of the House Committee on Financial Services at http://tinyurl.com/2awzft8.

If you would like to speak us about how we can help you or your organization prepare for compliance, please contact:

Miami

Beth Di Santo at +1 305.479.2616

New York

Ignatius Grande at + 1 212.766.2469

Andrew Vitrano at + 1 212.766.2470

Third Circuit Decides Debtors Cannot Revoke Transfer of Intellectual Property Rights

admin — Mon, 28 Jun 2010 16:07:21 +0000

In a recent case (In re Exide Technologies, 3d Cir., No. 08-1872, June 1, 2010) involving a debtor who entered into a license agreement providing for the use of its trademark, the Third Circuit Court of Appeals rendered a decision explaining that once a party has performed its obligation by transferring the right to use a trademark it cannot later revoke that transfer if it happens to begin a reorganization process under the Bankruptcy Code. The debtor in this case had previously granted an exclusive and perpetual license to another company for the use of its trademark. After the transfer, the debtor more than once tried to buy back the trademark right, but the transferee refused (for obvious economic reasons). Upon filing its petition for bankruptcy reorganization, the debtor sought to recover the trademark by invoking its statutory right to “reject” an executory contract. Although not specifically defined in the Bankruptcy Code, an executory contract is understood by the courts–including those in the Second and Third Circuits–to be a contract with “unperformed obligations that would constitute a material breach if not performed.” Applying this definition, the Third Circuit explained that once the right to use the trademark had passed to another party, all obligations were essentially performed. A debtor cannot thereafter use the executory contract provision of the Bankruptcy Code to “take back trademark rights it bargained away.” This is an important point to consider when a trademark-holding party is considering a permanent transfer of its intellectual property rights.

Startup’s First iPhone App Debuts at No.1 of Apple’s New & Noteworthy List

admin — Tue, 15 Jun 2010 22:53:04 +0000

Di Santo partner Julia Cheng advises startup on corporate, technology and intellectual property matters regarding the development and global launch of its first iPhone App featuring legendary Hong Kong martial artists.

Draft legislation introduced to streamline online privacy policy requirements.

admin — Thu, 13 May 2010 21:32:22 +0000

Up until recently, it is not very clear as to whether websites are required, by default, to have privacy policies posted on their sites. Only California and a few industry or data-specific laws require a company to have privacy policies. However, in light of the ever increasing popularity of using the Internet as the means of conducting business and social activities, a draft legislation was introduced on May 4, 2010 by Congressmen Rick Boucher (D-VA) and Cliff Stearns (R-FL) to make it a federal statutory requirement to have an online privacy policy. Under the legislation, websites that collect data (which applies to most websites) will be required to, among others, provide consumers a right to opt-out of certain collection, use and disclosure of certain information, obtain affirmative consent under certain circumstances, and implement certain safeguards to the protection of such information. For a more detailed discussion of the legislation, please visit the link below or contact Julia Cheng, Esq. at Di Santo LLP.

www.boucher.house.gov/index.php?option=com_content&view=article&id=1957

Federal Health Care Regulations Create Mandates and Provide Incentives for Businesses

admin — Wed, 12 May 2010 20:33:58 +0000

Earlier this spring, the U.S. legislature passed the federal health care reform bill. The immediate result of this new law will be to create several new areas of regulation that will affect the way both small and large businesses purchase and provide health insurance for their employees. Understanding and effectively navigating the regulatory framework will be essential for business owners and executives to avoid costly fines and penalties from the government, to prevent civil claims by employees for their employers’ failure to comply with the new mandates, as well as to allow companies to take advantage of several new tax breaks and credits written into the law as incentives. Depending on the size and pay scale of a company’s workforce, the impending requirements and potential exemptions differ vastly. The attorneys at Di Santo LLP are well-qualified to help our clients establish new and/or update existing employee benefit plans in order to timely comply with the new directives of the health care reform law.

Di Santo LLP represents high-end international fashion company in Madison Avenue store lease

admin — Wed, 12 May 2010 16:30:35 +0000

Di Santo LLP partners Julia Cheng (corporate) and Christian Bruno (real estate) represent an upscale international fashion company in its corporate matters and long-term commercial retail lease negotiations for its Madison Avenue flagship store.

Beth A. Di Santo leads Webinar on REIT Restructurings & Recapitalizations in 2010

admin — Mon, 10 May 2010 16:41:55 +0000

On Thursday, May 13, 2010 at 2:00PM (EDT), Beth A. Di Santo will lead a webinar on REIT Restructurings & Recapitalizations in 2010. For more information, please visit http://execsense.com/details.asp?id=1163 or e-mail info@disantolaw.com. The webinar will include discussions regarding trends in REIT equity and debt offerings, commercial real estate and CMBS loan restructurings and predictions for REIT growth in 2010 and beyond.

Julia Cheng invited by Cardozo School of Law’s Cyberlaw Society to speak on career paths in cyberlaw.

admin — Sat, 01 May 2010 18:38:02 +0000

www.cardozo.yu.edu/MemberContentDisplay.aspx?ccmd=ContentDisplay&ucmd=UserDisplay&userid=10446&contentid=15726&folderid=406

Beth A. Di Santo was the lead speaker at a seminar “Tips, Tricks and Techniques for Updating Indemnification Provisions in Merger & Acquisition Deals in 2010.”

admin — Thu, 29 Apr 2010 23:06:57 +0000

Please visit: http://www.execsense.com/details.asp?id=1061 to register or receive more information about the Seminar.