Top Intellectual Property Disputes Part 2

June 12th, 2013 | Posted by cilliano in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

ny continuing legal educationFollowing on from last week’s Dan Brown’s Da Vinci Code vs. Baigent and Leigh and Holy Blood, Holy Grail, here’s the next installment in our top IP disputes featuring a serious alpha female face-off:

Most of you reading this will likely be familiar with the blonde bombshell Barbara Millicent Roberts, maybe not by her full title, but surely with her world renowned moniker, Barbie. The Barbie doll was a product created by Mattel Inc., a company for which designer Carter Bryant once worked while he was also engaging in consultancy work for MGA Entertainment Inc.

The result of Bryant’s work for MGA was the now highly popular Bratz doll. A few years after MGA began selling Bratz dolls, Mattel sued both designer Bryant and MGA claiming Bryant’s work with MGA while still an employee at Mattel was an instance of copyright infringement.

Not surprisingly, since Bryant was an employee of Mattel, and listed on their payroll at the time of consulting with MGA and designing the Bratz doll, the courts sided with Mattel, justifying the claim that the Bratz name and design were Mattel trade secrets. MGA was ordered to pay $100 million in damages.

Learn more about these kinds of cases by enrolling in one of our New York CLE courses dedicated specifically to the intricacies of intellectual property, and designed to easily allow you to accrue New York continuing legal education credits.

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Job-hunting Tips for Newly Admitted Attorneys

April 10th, 2013 | Posted by cilliano in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

online cleThough the economic recession began its downward spiral in 2008, we are still feeling its far-reaching effects here in NYC, and further afield. If you chose law school as a ‘safe bet’ i.e. a means of gaining an education in a profession conventionally considered much more employable than, say, liberal arts, you may now be sorely disappointed as a newly admitted attorney with depressingly few prospects.

With that said, there are still plenty of opportunities for newly qualified legal professionals eager to get their foot in the door; you simply need to know where to look:

  • Certain areas of law are currently flourishing due to the aftermath of the economic crisis; bankruptcy litigation,  civil litigation and employment litigation are all hot topics.
  • Legal roles pertaining to the areas of science and technology are growing in number with the demand for lawyers specializing in intellectual property law increasing exponentially
  • It’s also essential to fulfill all NY continuing legal education requirements so as to ensure your status as a legal professional is valid. This is easily done with one of our ‘bridge the gap’ courses, which offers a convenient way in which to gain New York CLE credits
  • Pro bono work is also another way in which to gain valuable experience as a lawyer, while also making a positive contribution to society

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NYCLA Evidence Law Package

March 13th, 2013 | Posted by cilliano in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

bridge the gapEvidence is at the core of all legal cases, swaying juries one way or another, whether scarce or present in abundance. If you are eager to learn more about the role of evidence in trials, while also satisfying your NY continuing legal education requirements, then look no further than our Evidence Law package.

Adapted from the NYCLA 2nd Annual Day of Evidence, this 14-credit (11.00 General; 3.00 Ethics) course allows attendees to learn from some of the foremost experts in the legal field, teaching them winning techniques and strategies for use when trying personal injury, medical malpractice, criminal and matrimonial cases.

Topics covered in this course will include objections i.e. when it is appropriate to object to evidence in a trial, timing of objections and the importance of precision when objecting.

Other areas to be addressed include electronically stored or computer generated information (“ESI”), and how it can be employed as a veritable cache of related evidence with the potential to be dispositive, or at the very least helpful in proving one’s case, or defending a party. Also discussed will be the problems associated with this form of evidence including its ease of fabrication and manipulation.

Additionally, attendees will hear from a sitting Circuit Court judge and seasoned litigators as they offer tips and techniques on communicating in court. Currently available for the reduced price of $249, those interested in an evidence law-based New York CLE course can sign up now for a savings of 41%.

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Spotlight on Art Law and Intellectual Property Package

February 6th, 2013 | Posted by cilliano in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

ny cleOne of the hottest topics in the legal world today is centered around intellectual property law and the legal issues surrounding creative industries such as art and fashion design. Our New York CLE Art Law and Intellectual Property Package offers attorneys the chance to explore some of the most controversial and litigated issues in the field today, learning from noted experts from the bench and bar, as well as specialists from museums, galleries, academia, media and law enforcement.

For just $399, attorneys can acquire a wealth of knowledge on the following issues surrounding intellectual property law: copyright and fine art; protecting antiquities; government restrictions on artistic expression; looted art, detecting fraud; proving provenance; dealing with artists’ estates and foundations; appraisals; legal issues relating to installation art, biennials and art fairs; deviations from trust indentures; Cy Pres and deaccessioning; as well as ethical considerations.

One of the several courses included in this 23-credit package is ‘Representing a Fashion Client’ – a course dedicated to examining the intellectual property issues of the fashion industry. Much discussed in recent years due to high profile cases between high-end designer brands and mammoth high-street retailers, copyright and fashion is a fascinating topic and one of increasing importance for both veteran attorneys organizing their New York continuing legal education, as well as newcomers seeking ‘bridge the gap‘ courses.

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Examining New York CLE Requirements

January 23rd, 2013 | Posted by cilliano in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

NY continuing legal educationFully grasping the ins and outs of New York continuing legal education can prove testing at times. As a navigation aid, this post will address credits, courses and New York-centric requirements as they relate to newly admitted attorneys.

New York-based newly admitted attorneys, take note – 16 transitional credits must be completed in each of your first two years of admission (a total of 32). Of these 16 credits, 3 must be in Ethics, 6 must be in Skills and 7 must be in Professional Practice or Practice Management. That is to say, newly admitted attorneys must fulfill their continuing legal education requirement by taking accredited transitional NY continuing legal education courses or programs in traditional live classroom settings or through the attendance of fully interactive video conferences, where the video conference technology has been approved by the CLE Board for use by newly admitted attorneys.

Some important points to note with regard to NY legislation are that your CLE deadline is measured from the date of your admission, and that New York is a self-reporting jurisdiction. Newly admitted attorneys within this self-reporting jurisdiction must certify along with the submission of his or her biennial attorney registration statement that the attorney has satisfactorily completed 32 credit hours of transitional continuing legal education. The attorney must also certify that he or she has retained the Certificates of Attendance or other documentation required by the CLE board.

Fortunately, Marino Legal offers a convenient solution to completing CLE requirements. Entitled ‘Bridge the Gap‘ courses, these weekend courses are designed to save you money and time in complying with NY state law.

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Drunk Driving Laws in Time for New Year’s Eve

December 27th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance - (0 Comments)

ny continuing legal educationWith the holidays in full swing, there is a lot to be positively reflective about as the year comes to a close. There is also a number of parties that you are surely invited to. When the amount of parties is this high, the likelihood that someone will be injured or killed in a drunk driving accident goes up exponentially.

If you work in law, chances are you have landed on one side or the other in a case of driving under the influence or driving while intoxicated. The laws surrounding these crimes are very clear state to state and for most states, enforcing these laws takes even stronger priority around the holidays. In some cases your automobile might be taken away by the state if you are caught driving under the influence. If there is an accident, things become still even more complicated.

NY continuing legal education from Marino Legal can go over some of the specifics of local laws, as well as these laws’ effectiveness in driving down the cases of drunk driving. With the right New York CLE, you can learn the ins and outs of local laws.

No matter how strong or lenient the laws are in your area, we encourage you to drive responsibly this holiday season.

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Looking at Legislation Around Firearms

December 18th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

continuing legal education in nyIn the wake of last week’s tragedy in Connecticut, many elected officials are considering legislation on both gun control and building better systems for dealing with the sort of mental instability that leads to these tragedies. There are many ideas being put into play, among them stricter restrictions on handguns, lowering legal sizes of weapons’ magazines, and increased background checks for all firearms. By and large, it is seen as politically impossible to get many of these pieces of legislation through Congress, but there are two options that seem destined to shape the continuing legal education in NY and beyond.

The first option is a newer, stronger version of the Brady Handgun Violence Prevention Act, or “the Brady Bill.” When it was first adopted in 1994, this bill made it far more difficult for anyone with a history of mental illness or various other concerns to purchase a handgun. This resulted in nearly 1.9 million blocks in handgun licenses between the years of 1994 and 2009.

The second, and likely more immediately actionable, piece of the puzzle is reinstating the Assault Weapons Ban which ended in 2004. Several senators have indicated they might flip positions on this legislation after the recent spate of shootings. This all highlights the need to be attentive, not just to the latest laws, but even some older ones that have seemingly been dead for a long time.

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Supreme Court to Hear Same-Sex Marriage Arguments

December 11th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

As of last week, it was revealed the Supreme Court would hear a case challenging California’s same-sex marriage ban in the coming year. This is a huge move for our country and a historic moment for both opponents and proponents of same-sex marriage. It might just set the table for how the rest of the country moves on this issue.

It was widely expected that the SCOTUS would be forced to wrestle with the issue of same-sex marriage–with more and more cases being brought against the exclusionary legislation that has been recently passed over. Of course when California passed their same-sex marriage ban, it seemed they would inevitably be the state to bring the law to our country’s highest court. In spite of passing the law, California remains a deeply liberal state, with San Fransisco and Los Angeles being among the most liberal cities in the country.

Where will this lead legal precedent is probably still anyone’s guess. The Supreme Court has been known to surprise, but at this point signs point strongly towards the court ruling the law unconstitutional.

Want a refresher on what exactly makes a law constitutional? Keep your eyes on Marino Legal for coming NY continuing legal education lectures and courses on constitutional law.

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Building Codes Post Hurricane Sandy

November 27th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance - (0 Comments)

The evolution of laws happens in a variety of ways for a wealth of reasons. Sometimes, as discussed last week, it is simply the collective changing of our social acceptance. In other cases there is a quick change that requires people to rethink the way things were done. This is happening throughout the hardest hit areas of New York post-Hurricane Sandy.

In every area touched by the hurricane a reality is setting in that weather patterns are likely to leave many of these areas susceptible to more hurricanes in the future. As a result legal building codes and zoning for housing and businesses are likely to change. For legal aides to the city, state, and federal government, as well as personal lawyers to home and business owners, this is likely to make for a complex rethinking of standards for buildings and so much more.

If you are a lawyer looking to help victims or help the city with recovery a refresher on laws surrounding building safety and insurance policy are worth boning up on. Some online CLE or some other form of New York continuing legal education will helpfully bolster your credentials in these very nuanced and complex areas of law.

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Is Online CLE Effective?

November 12th, 2012 | Posted by TimD in Education | Law | Lawyer | Legal Assistance | Marino Legal - (0 Comments)

With exploding class sizes and an inability to give students the sort of hands on education that they might require, or at the very least excel if offered, many school systems are looking closer at online education. Clearly this is not necessarily the same thing as the continuing legal education online offered by Marino Legal but it does offer some guidelines and research is over time proving the effectiveness of this model.

Hands on work is for most anybody, from the most dysfunctional preschooler to the lawyer fulfilling his or her annual New York continuing legal education requirements, the most effective way to learn. The reasons for this are simple. Focusing on actually doing a thing yourself will force you to break a process or idea down into its essential pieces. Once you have done so it is more quickly rendered to your memory.

Online CLE offers this sort of hands on dissemination in a way that is cost effective and convenient. On top of those factors, you can move the lesson along at your own speed. If you need to look back at a piece of the lesson your computer will allow you to do so. Rather than blowing through a series of lessons and leading them float in one ear and out the other you can take your time until you are confident in the material.

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