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Leisure Lawyers USA - Recent Legal Articles
- ASU Board of Regents Accused of Violating Title IX
Title IX was enacted to prevent discrimination on the basis of gender in educational institutions. The law requires that a school, once it learns of a sexual assault, should effectively investigate the incident, eliminate the risk, and remedy the harm to the student whenever possible.
- Is an Endurance Athlete’s Fitness a Disadvantage in a DUI Breath Test?
On July 5, 2011, a decision was reached in People v. Terry Vangelder (2011 DJDAR 9949). The ruling seems to afford a defendant with large lung capacity and a low hematocrit the right to introduce evidence of these characteristics to show his blood alcohol content may be significantly different (lower) than what a breath machine calculates in a roadside DUI test.
- What to Do with Art That Is Material to the Patentability of Your Pending U.S. Patent Application
Under U.S. Patent law, inventors and other individuals substantively involved with the preparation and/or prosecution of the application, such as assignees and patent attorneys, have a duty to disclose to the U.S. Patent and Trademark Office (USPTO), information which is material to patentability of the claimed invention.
- How to Avoid Personal Injury while Climbing Half Dome
Each year, millions of people visit Yosemite National Park in California. While some come to see the cascading waters of Bridalveil Fall or Vernal Fall, many come to make the nearly 9 mile trek to Half Dome. Making the final 400-foot ascent requires that hikers use cables to climb the rock, a dangerous feat that has resulted in numerous fatalities and even more cases of personal injury over the years.
- Traumatic Brain Injuries and Youth Athletics— What Do Ski Area Operators Need to Know?
Traumatic brain injuries (“TBIs”) among young athletes have garnered increased attention recently, due in large part to a growing awareness in the medical and athletic communities regarding the prevalence and potentially devastating effects of head injuries in youth sports.
- Sports Injuries
It is well accepted in most jurisdictions that participation in sports activities involves a certain assumption of risk. That assumption of risk however, may not bar an injury claim where there is some reckless disregard by the person that causes the injury.
- Going Mobile: A Quick Guide to Legal Issues When Monetizing (Non-Music) Content
You are a publisher of traditional hard copy content (newspapers, books, graphic novels, magazines, photographs) and your materials are in demand to fill the digital pipeline created by numerous web-based and mobile applications. Or, you are a media agency or corporate brand manager seeking to extend your footprint into the online space. You are eager to have millions of new eyeballs accessing your treasure trove. Your software developers are on board, ready to digitize.
- When Is a Copyright Registered?
At what point in time is a copyright application considered to be “registered” so that the owner of the copyright can sue for damages under the U.S. Copyright Act of 1976? Is it when the copyright holder’s application is received by the Copyright Office (the “application approach”)? Or is it when the Copyright Office issues a certificate of registration (the “registration approach”)?
- If My Only Contact with a State Is My website, Can I Be Sued There?
A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.
- Court Says Copyright Law Protects Content Even in More than One Medium
A recent decision by the Southern District of Florida in Forman v. W. Allen Morris clarifies the scope of copyright protection that is available when identical language is protected by a registered copyright in one medium but is then infringed in another. See Forman v. W. Allen Morris, 2010 U.S. Dist. LEXIS 67434 (S.D. Fla. July 6, 2010).