Gift provisions in a power of attorney can limit both agents and guardians, and restrict their ability to make gifts if a need arises. For this reason, powers of attorney should be carefully drafted to include appropriate gifting authority. A recent New Jersey Appellate Division case underscores the importance of including gift authority in a power of attorney and the impact any restrictions can have on gift planning.
On August 27, 2020, eight Nebraska football players commenced litigation against the Big Ten Conference in the District Court of Lancaster County, Nebraska. The lawsuit asserts that the Big Ten Conference’s cancellation or possible delay of the 2020 college football season was “arbitrary and capricious.” In support of the same, the student-athletes point to the SEC’s, Big 12’s and ACC’s decisions to move forward with their college football seasons.
A number of community associations are governed by Declarations/Master Deeds and By Laws containing a provision that any controversy or claim arising out of, or relating to the Declaration/Master Deed or By Laws, must be submitted to and decided by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. This provision is intended to provide a cost and time efficient alternative to litigation. In theory, the use of the AAA for resolution results in a faster and less costly alternative to litigating such controversies and claims. In fact, depending on the nature and size of the matter, advantages of utilizing the AAA do exist.
In a unanimous decision, the Supreme Court recently held that States cannot be held liable for monetary damages in copyright infringement lawsuits despite the Copyright Remedy Clarification Act of 1990 (CRCA). This act provides that a State “shall not be immune, under the Eleventh Amendment [or] any other doctrine of sovereign immunity, from suit in Federal court” for copyright infringement. See Allen v. Cooper, 140 S. Ct. 994 (2020).
In Solid Oak Sketches, LLC v. 2K Games, Inc. et al., No. 16-CV-724-LTS-SDA, 2020 U.S. Dist. LEXIS 53287 (S.D.N.Y. 2020), the Southern District of New York granted summary judgment dismissing Plaintiff’s copyright infringement claims based on the use of Plaintiff’s copyrighted tattoos on replica NBA players in Defendant’s popular NBA 2K video game. Concluding Defendants’ use was de minimis, the Court dismissed the copyright infringement claim finding a lack of substantial similarity between the works. The Court also found the existence of an implied license as well as determined that the use was fair use.
Continue Reading Owners of Lebron James and Other Players’ Tattoo Designs Cannot Pursue Copyright Infringement Claims Against Developer of a Basketball Simulation Video Game for Replicating the Tattoos on the Virtual Players
Your child’s transition to adulthood is an important time in life. If your child has reached age 18, particularly an adult child travelling to attend school or work, important changes have occurred. At age 18, your child is an adult under New Jersey law, even if he or she is still living at home. Your adult child now controls his or her own medical and financial decisions, and a parent’s access to information is restricted. Several documents are available to address these changes and appoint agents to assist your child during this stage of life.
New Jersey medical marijuana, already a multi-million-dollar industry, is primed for explosive growth. But first, the New Jersey Department of Health (DOH) must expand available licenses to grow and distribute medical marijuana. In order to fairly distribute such licenses, the DOH employs a regimented application process, offering a limited number of licenses and creating a highly competitive environment. Unfortunately for medical patients and businesses alike, the latest license round has grinded to a halt after litigation over a technical glitch during the application submission process.
Many people are either confused, do not know what to make of, or may even think it is a phishing expedition when a letter is received from their internet service provider (“ISP”) such as Comcast, Verizon, AT&T, CenturyLink, Spectrum, Frontier, Cox, Optimum, Earthlink, Viasat, Altice, etc., informing them of a lawsuit by STRIKE 3 HOLDINGS, LLC, which concerns the illegal downloading and uploading of copyrighted materials.
When contesting a Will or defending one that has been offered for probate, a party may incur significant counsel fees. One important question concerns whether the Estate or another party would be responsible for reimbursing this party.
Several months into the COVID-19 pandemic, the daily lives of most people have changed in many ways. With many people still desiring to find companionship, dating websites and mobile applications have provided somewhat of a substitute for traditional in-person dates, which are no longer feasible during the pandemic.
What happens if the relationship you’ve developed in these virtual settings goes awry, and the continued virtual contact becomes unwanted, threatening, malicious, and/or harassing? Can you obtain a restraining order to prevent further contact?