Categorized Litigation

Correcting an Amicus Brief

Constitutional + First Amendment + Government + Litigation + Public

Correcting the summary of a research article I authored that was cited to the United States Supreme Court in a brief submitted by amici curiae.

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Civil Rights Attorney Fees

First Amendment + Litigation + Practice

A preliminary injunction with settlement in §1983 civil rights suits can lead to an award of §1988 attorneys’ fees.

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Digital Asset Management

Copyright + First Amendment + Litigation + Media + Tech

As our lives become increasingly documented by digital means, the question of legacy and inheritance has too become digital.

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Public Unions & Democracy

Economics + Education + Government + Litigation + Practice + Public

A case study on public unions, public finance and education policy set in Rhode Island during the 2008 fiscal crisis.

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Electronic Discovery Process

Litigation + Media + Practice + Tech

An approach to massive digital document production and review processes, and whether they comport with Federal Rule of Civil Procedure 26.

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Electronic Discovery Fees

Litigation + Practice + Tech

On shifting the cost of electronic discovery under Federal Rule of Civil Procedure 54(d)(1).

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First Sale Imports

Arts + Copyright + International + Litigation + Media

Resolving three sections of the Copyright Act – 17 U.S.C. §§106(3) (exclusive rights), 109(a) (first sale exception), and 602(a)(1) (importation restriction).

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Social Media Spoliation

Litigation + Media + Practice + Tech

A look at a case treating a jury instruction on an adverse evidentiary inference for failing to preserve a Facebook account.

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Media + Arts + Tech

Attributes

I am native to media, arts and tech – as a former touring musician, as one who can and does code, and as a maker fluent in design and multimedia content development (audio, video, photo, graphic, analog, textual). This overlap of niche and background allows me to efficiently and peerlessly integrate legal and creative for clients working in expressive spaces.

Corporate

They are called organizations for good reason. Getting and staying documented, well-papered, compliant, and aligned with pragmatic protocols is prime among best practices. General counsel and correct governance are as important to closely-held companies as they are to those seeking or deploying external funding. There are few investments more sound than a solid foundation.

Contracting

Optimizing a deal requires focussed and technical drafting. What multiple collaborators have in mind when they begin does not automatically manifest when a concept is translated into the physical world. Get ahead of junctures, pivots and transitions. Reflecting on the page what is intended at heart is the ultimate efficiency.

Copyright

There are few disciplines as relevant and fluid as copyright. The media space has enjoyed rapid development over recent decades. Law is not always so quick to follow. Navigating ownership of content is a primary concern for creative enterprises.

Trademark

Impact and impression are salable and demand attention, from protecting to capitalizing. Define your brand, put on a search, definitively document, and enforce with intent – or share, collaborate and cross-pollinate.

Trade Secrets

Assets come in variegated forms – not always capitally quantifiable or neatly captured by intellectual property regimes. But proprietary information can be of principal, or even singular value. Safeguard, manage and leverage such resources prudently and productively.

Licensing

One of the most important tools in the kit of creative profit is the flexibility and extensibility that adept licensing affords. Do it well – do it right.

Regulatory

Interfacing with public agencies is a vastly different experience than cutting deals in the private sector. Conventions, ethics, regulations, policy, and sinuous procedure need not block your path forward. Additionally, the First Amendment was written for you – stand on it.

Litigation

There will almost certainly come a time when dispute crops up and grows entrenched, or rights and obligations are transgressed or ignored. Less talk, more action – bring deft advocacy and mastery of process into play.

Strategic

Creation is nothing if uninspired. Your vocation is to deploy vision and bridge the gap between what is known and unknown, what is possible and impossible. Apply the very same foresight to your company and your career. Chance favors the prepared mind.