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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Top Intellectual Property Disputes Part 1

June 5th, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

NY continuing legal educationAs many of you will know, intellectual property law is one of the hottest territories in the legal profession right now. In today’s blog post, we’re highlighting the first in our series of the most noteworthy IP disputes in recent years, from the world of fiction to fashionable dolls.

The Da Vinci Code Case

Authors of the non-fiction book Holy Blood, Holy Grail, Michael Baigent and Richard Leigh claimed author of best-selling novel The Da Vinci Code, Dan Brown, infringed on the copyright of their publication. Interestingly, the case was based on “non-literal” copying, since Brown didn’t directly copy text from Baigent and Leigh’s book. Rather the authors of Holy Blood, Holy Grail alleged it was the “manner” in which Brown told his story which was plagiarized.

Ultimately, the claimants’ case was dismissed in 2006, when it was ruled that there was neither textual, nor non-textual copying.

Interested in keeping up with the latest developments in IP law? Sign up for one of our IP-focused New York CLE courses, or learn more via online CLE. Check back next week for the next installment in the most famous IP disputes.

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The Top 6 Reasons for New York CLE

April 24th, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

online cleWhile New York continuing legal education requires the expense of a certain amount of time and money, both the hours and dollars invested are certainly not going to go to waste. Here are the six top reasons for fulfilling your New York CLE requirements:

  • A person with a higher education and career level has a higher earning capacity
  • A person with a higher education and advanced certification will be selected for employment over those who do not have these qualifications
  • Those who continually learn new things in their chosen practice are much more valuable employees, and are therefore more likely to enjoy job security at their workplace
  • Those who continually learn tend to have a higher level of responsibility and greater degree of job satisfaction
  • An employee who does not consistently learn will in time lose their skills, find that their knowledge is outdated, and will eventually fall back in their career
  • A person who actively makes the commitment to continually learn remains competitive in a tough job market; this is especially important in today’s economic climate

If you were in any doubt before, these reasons should make the importance of CLE plain to see. Professionals who do not actively engage in consistent learning, will eventually lose out to those who do. Don’t get left behind, find more info on a variety of CLE courses and packages, including ‘bridge the gap‘ weekends, at MarinoLegalCLE.com.

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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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Connecticut Not So Keen on CLE

April 3rd, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

online cleDespite the general consensus that continuing legal education is beneficial for the legal system and those operating within it, certain US states still refuse to get on board. Of the total fifty US states, a majority of forty-six currently require that all attorneys, newly admitted and veterans alike, partake in CLE. The state of Connecticut, however, refuses to acknowledge the potential benefit of CLE, citing several reasons for its decision not to adopt Mandatory (or Minimum) Continuing Legal Education Rules (MCLE).

Law.com reports that some of the main reasons for the Connecticut Bar Judicial Branch’s refusal to adopt MCLE were:

Financial burden: Judicial Branch members argued that the introduction of CLE would be too expensive, even though credit can be obtained for teaching or publishing articles in legal publications, thereby reducing the cost incurred by having to enroll for several courses, as well as in spite of the fact that legal professionals constitute a high earning group.

Potential swindling: Another reservation Branch members have is that a certain demographic of CLE participants will cheat, but as Law.com points out, swindlers will be swindlers and there will always be a certain percentage of the population hell bent on personal gain and perfidy.

Of course, whatever about the small minority refusing to accept the benefits of CLE, the state of New York requires all attorneys partake in New York CLE. Whether you are in search of ‘bridge the gap’ courses, or are a veteran intent on gaining your credits through online CLE, learn more about NY continuing legal education by contacting us here at Marino Legal.

 

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The History of CLE

March 25th, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

new york cleMarino Legal NY continuing legal education courses may be thoroughly contemporary, but did you know the history of continuing legal education in America dates all the way back to the nineteenth century?

The idea of CLE in its modern form did not emerge, however, until the post-World War II period when such courses became exceptionally important for attorneys who returned from serving during the war and undertook ‘refresher’ courses, designed to re-acquaint them with the legal practice and to inform them of legal developments which had taken place while they were absent.

By 1947, the concept of CLE had gained enough attention to prompt the partnering of the American Bar Association and the American Law Institute in order to organize a systematic development, and expansion, of CLE across the nation.

This partnership was known as ALI-ABA and succeeded in making significant progress in terms of popularizing the opinion that continuing legal education was essential for legal practitioners. Arguably the most important developments made by ALI-ABA were hammered out during the conferences known as Arden House I, II and III, held in 1958, 1963, and 1987, respectively. These milestone conferences developed a framework for CLE in each state, for attorneys at every stage of their professional career.

Learn more about securing the best possible New York CLE in this day and age – call Marino Legal at 212-249-3779!

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FAQs Answered for Newly Admitted Attorneys

March 20th, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

new york cleSome of our previous posts on making the transition from law school graduate to fully proficient practicing lawyer shed considerable light on ‘bridging the gap’ but there are always new questions to be answered.

In this post, we will address some of the questions most commonly posed by newly admitted attorneys in the process of fulfilling CLE requirements:

How do I find conveniently located CLE courses?

The CLE Board unfortunately does not maintain a list of individually accredited courses. Newly admitted attorneys can check with local bar associations or other organizations to inquire if they provide New York CLE courses. The Accredited Provider List is also a useful resource in this respect, listing the names and details of several providers of NY continuing legal education including Marino Legal.

Is it possible to fulfill CLE requirements through audiotapes, online courses, or other nontraditional formats?

The short answer is no; unless granted special permission to do otherwise by the New York State CLE Board, newly admitted attorneys must fulfill their CLE requirement in live, traditional classroom settings or by attendance at fully interactive video conferences which have been pre-approved by the CLE Board for use by newly admitted attorneys.

Can I earn credit for writing a legal article, or by teaching at a CLE program?

No; only experienced attorneys may receive CLE credit for such activities.

Source

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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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Exploring Legal Restrictions on Artistic Expression

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

bridge the gapAre you interested in combining your passion for art with your legal expertise? Do you need to fulfill your NY continuing legal education requirements, as well?

Why not consider immersing yourself in the fascinating world of artistic expression and associated legal issues? Our course entitled ‘Coloring Within the Lines: Restrictions on Artistic Expression’ will not only see you gain 1 credit in your effort to satisfy New York CLE requirements, it will also introduce you to the need-to-know legal issues surrounding art and exhibitions.

Taken from the seminal program, 3rd Annual Art Litigation and Dispute Resolution, this course centers on artistic freedom, controversial exhibitions and the types of art which generate strong public and/or governmental reactions. Panelists involved will discuss municipal efforts to limit or somehow inhibit artistic expression, whether through restrictions on funding or permits, as well as the legal right of municipalities to regulate exhibitions at museums, including a case study of the Sensation case (an exhibition of Young British Artists’ controversial work in 1999) involving the Brooklyn Museum and the City of New York.

Some other topics to be addressed include censorship, controversial art and museum deaccessioning policies, with the main debate focusing on whether museums should be self-regulating or subject to external control. For just $40, this course is available to those seeking to combine a love for the arts with an interest in legal issues such as censorship.

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About Marino Legal

February 27th, 2013 | Posted by cilliano in Education | Law | Lawyer | Marino Legal - (0 Comments)

new york cleAs most experts in their respective fields know, it takes a considerable amount of time and experience in order to be in a position to impart wisdom to others.

At Marino Legal, we have learned a thing or two about NY continuing legal education since founding the institute in 1946. We began with one particular ambition: to provide high quality education, at the lowest possible price. Since the foundation of the institute in 1946, Marino Legal has been run by three generations of Marino law professors and legal educators, providing New York CLE to thousands of attorneys over the course of the years.

Meet some of the members of the Marino family:

Joseph Marino, Jr., Esq.: Choosing to follow in his father’s footsteps, Joseph Marino Jr. has received numerous accolades during his several years as a specialist in continuing legal education. Joseph is currently a full-time professor at New York Law School, as well as the content director at Marino Legal.

Emily Marino: As the jovial face of Marino Legal, Emily has worked tirelessly for the past 30 years to help make Marino Legal the renowned institute it is today.

Michael Marino, Esq.: Michael can be credited with taking Marino Legal into the digital age. An adjunct professor at New York Law School, Michael is also the director of Marino Legal.

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