07 March

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Understanding the New York SHIELD Act

Today, we will discuss the New York SHIELD Act. While the United States does not have a uniform cybersecurity law, several states, including New York, have enacted cybersecurity laws, with the New York SHIELD Act being one of them In an age where data breaches and cyber threats pose significant risks to personal and corporate information, legislation aimed at bolstering data security measures is paramount. One such crucial piece of legislation is the New York SHIELD Act. Let's delve into what the SHIELD Act entails and how it aims to enhance data protection for residents of New York. In today's digital landscape,...

07 March

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The FTC’s Role in Data Security

Posted by Ernest Goodman

in cybersecurity

Today, we will discuss the role of the FTC in the cybersecurity landscape. The United States does not have a uniform cybersecurity law, but the FTC uses the term 'data security' instead of 'cybersecurity'. In today's digital landscape, where the integrity and privacy of personal information are paramount concerns, the Federal Trade Commission (FTC) stands as a beacon of authority and advocacy. Since its inception, the FTC has played a pioneering role in defining and promoting data security practices, shaping the foundation for safeguarding sensitive information in the modern era....

07 March

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How New AB-5 Law Affects the Entertainment Industry in California

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The state's attempts to regulate gig drivers working for companies like Uber and Lyft have had unintended consequences, particularly impacting the independent film industry. While the legislation was designed to address issues surrounding worker classification and ensure fair treatment for gig economy workers, its broad scope has inadvertently ensnared freelance professionals in other sectors, including filmmaking....

13 January

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Two Paths to Obtaining an EB-5 Investor Visa

Posted by Ernest Goodman

in Immigration Law

Today, we're going to discuss two pathways to obtaining an EB-5 visa in the U.S. The first way is tailored for investors residing outside the United States, allowing them to invest in American enterprises and gain a path to U.S. residency. The second way caters to investors who are already living in the U.S., providing them with the opportunity to adjust their status to permanent residency through investment....

13 January

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Concurrent filing of I-526 and I-485 is available for EB-5 applicants living in the U.S.

Posted by Ernest Goodman

in Immigration Law

EB-5 investors commonly utilize concurrent filing as a means to transition from nonimmigrant status to conditional permanent resident status, while simultaneously applying for a renewable work/travel permit. Additionally, holders of other valid nonimmigrant visas, such as F-1 or H-1B, often choose this method as a pathway to apply for the EB-5 program, thereby seeking an enhancement in their immigration status....

28 December

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Common Law Trademarks

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Imagine this scenario: You start a film production company in California and use a distinctive name for your business over several years. By consistently operating under this specific name, you naturally acquire common law trademark rights. These rights play a crucial role in protecting your business's identity. They essentially prevent other film production companies in the same geographical area from using an identical or confusingly similar name. This form of protection is grounded in unfair competition laws, which are designed to avoid confusion among consumers and safeguard the reputation and brand recognition you've established for your film production company....

22 December

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Screenplay Scam: The Risk of Upfront Payments to Producers, Agents, and Managers

Posted by Ernest Goodman

in Entertainment Law

In my recent interactions with new filmmakers, I've observed a concerning trend involving management contracts. These filmmakers approach me to review contracts they've been offered, which often require substantial upfront payments — typically $2,000 or more. Novice filmmakers have been approached by individuals, usually with some experience in film, who offer these services. Let's refer to them as "individuals." These contracts, supposedly for managerial services, promise to find financiers and sell screenplays, especially at prestigious venues like the American Film Market (AFM) or the Cannes Film Festival. However, these promises often verge on being scams....

22 December

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Descriptive Trademarks: The Challenges of Registration

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

20 December

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Writ of Mandamus Lawsuits

Posted by Ernest Goodman

in Immigration Law

A Writ of Mandamus refers to a legal proceeding in the Federal District Court which oversees the particular legal matter in question. This action is typically pursued in situations such as an unjust refusal of an N400 (after a preceding denial of an N336), or in instances of prolonged decision-making on immigration cases like N400, I-485, I-130, and others. The essence of a Writ of Mandamus is to petition the District Court to compel the concerned agency to undertake the required action....

19 December

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Tips for film distributors

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Legal Advice

In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....

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