Announcing Copyright Litigation Handbook, 2012-2013 Edition

 

A NOTE REGARDING MY WEST PUBLICATION I am pleased to forward information on my published title, Copyright Litigation Handbook, 2012-2013 ed.  This handy, portable desktop volume is a comprehensive guide to copyright litigation from pre-litigation practices including evaluating claims, interviewing clients, working with the U.S. Copyright Office to drafting cease and desist letters and choosing the correct forum and claims, together with case law related to seizures, bonds and related practice. Copyright Litigation Handbook, 2012- 2013 ed guides you through the process of filing acomplaint, taking a case to trial, and obtaining judgments and attorneys fees. The New York Law Journal called it “an indispensable guide”.  No other publication covers this intersection of the Copyright Act with the Federal Rules of Civil Procedure.  It contains case citations and practical tips related to motion practice, pre-trial and trial procedural tips, checklists and forms.  Appendices include the entire Copyright Act, the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Complete information regarding Copyright Litigation Handbook, 2012-2013 ed. is available through the link provided below. Since its first publication in 2006, this work has almost doubled in size and is updated annually.  I hope that beginners will find guidance and that experts will find it a useful time-saver. Sincerely,   Raymond J. Dowd, Partner – Dunnington Bartholow & Miller LLP – New York NY www.dunnington.com   Copyright Litigation Handbook, 2012-2013 ed.   By Raymond J. Dowd   Book - softbound Copyright: 2012 Shipping: FREE Ground Shipping List Price for Set: $289.00     Description This publication is a desktop practice guide for litigators, handily sized for portability. Featuring practical, detailed guidance from an experienced federal trial lawyer, it walks attorneys step-by-step from the moment a prospective client calls, through the calculation of costs and attorney’s fees. It is packed with sample forms, pleadings, motions, checklists, and practice tips; and includes up-to-date citations. The Appendix includes the full text of three essential documents for the copyright litigator: the Copyright Act, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. A valuable resource combining real-life tactics, legal analysis, and primary law.   CLICK HERE TO LEARN MORE...

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Federal Bar Association Rule of Law Video Contest in Hawaii

On Friday I will be in Hawaii to announce the launch of the Federal Bar Association's Rule of Law video contest at the Fourth Annual Federal Bar Association Hawaii Conference.   Thanks to Above the Law blog for covering the launch here.

The FBA's Annual Hawaii Conference brings Hawaii's federal judiciary and leading legal practitioners together each year at the Royal Hawaiian Hotel.   Please join the FBA today!  More information here.

 www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

CLE November 28: Removal of Copyright Cases From State Court and Preemption of State Law By the Copyright Act

Tomorrow, November 28, West LegalEdcenter is hosting a live audio CLE titled Copyright Litigation:  Removal and Preemption Below is the description from the West LegalEdcenter website, more information and signup here. Description: Ray Dowd, author of West’s acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will take us through the surprisingly complex process of deciding whether an action belongs in federal or state court and whether claims are properly pleaded under federal or state law. The situation: client storms in wanting a lawsuit filed tomorrow over a copyright dispute. What court should it be filed in? Do the claims “arise under” the Copyright Act or are they really state law claims? If you are not sure, should your complaint plead lots of “kitchen sink” state law claims? Another situation: your client has been sued in state court. You think it’s a federal case. How do you kick it out (remove) it to federal court? And what are the downsides if you are wrong and the case is remanded to state court? Conserving and focusing litigation resources at the outset of a case may save a client thousands of hours of litigation anguish. Dowd walks practitioner through some of the tactical and strategic choices that a litigator faces in understanding the interplay between the federal and state fora and legal regimes. Dowd’s entertaining presentation will clue you in to some of the tricks and surprises that may cut off the rights of the unprepared. The Copyright Act and the Federal Rules of Civil Procedure interact in ways that may help your client to turn early skirmishes into decisive victories. Dowd’s Copyright Litigation Handbook is the first publication aimed at the practitioner who must make quick practical decisions in the heat of battle and evaluate the immediate procedural consequences. Copyright Litigation Handbook devotes attention to procedural case law that rarely reaches the appellate level, but is of critical importance to the life of everyday practitioners. The New York Law Journal called Dowd’s Copyright Litigation Handbook “an indispensable guide and supplement to the ins and outs of copyright litigation…”. Join us for a lively session on a hot topic. For more information on Copyright Litigation Handbook 2012-2013 ed, please visit the Thomson Reuters Westlaw Store here. Practice Areas: Copyright Law, Intellectual Property Law Online Media Type: Audio Production Date: 11/28/2012 12:00 PM EST Level: Basic Category: Standard Duration: 1 Hours, 0 Minutes Online Format: Live

 www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Art Law - Art Litigation and Dispute Resolution Institute Detailed Agenda For This Friday

 

 

5^th Annual Art Litigation and Dispute Resolution Practice Institute

Friday, November 16, 2012; 8:45 AM –5:00 PM

8:30 AM – 9:00 AM          Breakfast and Registration

9:00 AM – 9:15 AM          Introductions and Announcements

Hon Stephen G. Crane (Ret.),JAMS and  Raymond J. Dowd, Dunnington Bartholow & Miller LLP

9:15 AM – 10: 15 AM       Panel 1:   The Law and Business of Sculpture and Fine Art Multiples

                                                Moderator: Hon. Nicholas Garaufis, E.D.N.Y.

 Panelists: Judith Bresler, Withersworldwide;  John Cahill, Lynn¦Cahill, LLP; Renee Vara , Vara Art
10:15 AM –11:15 AM      Panel 2:    Stewardship of Art Collections: What Lawyers Need to Know Moderator: Hon. Sherry Klein Heitler, Administrative Judge for Civil Matters, First Judicial DistrictPanelists: Maura Kehoe Collins, Artiphile, Art Collections Management Services;  Kirsten Squires, Cook Maran & Associates, Innovative Insurance Strategies; Ann Lydecker, Cirkers, Fine Art Storage & Logistics
 
11:15 AM – 11:30 AM     BREAK

11:30 AM – 12:30 PM      Panel 3:    The Law of Antiquities
Moderator: Hon. Barbara Jaffe, Acting Justice, Supreme Court, New York County
Panelists: Sharon Levin,  Asset Forfeiture Dept., U.S. Attorney's Office, S.D.N.Y.;
William Pearlstein, Golenbock Eiseman Assor Bell & Peskoe LLP; Michael McCullough, Michael McCullough LLC; Darlene Fairman, Herrick Feinstein LLP

12:30 PM – 1:00 PM        LUNCH (Provided)
1:00 PM – 1:50 PM           Keynote Address: An Ethical GPS for an International Art Practice Speaker:  Alexandra Darraby, The Art Law Firm, author, Art Artifact Architecture & Museum Law
1:50 PM – 2:45 PM           Panel 4:    The Arts on Capitol Hill
Moderator: Hon. Delissa Ridgway,U.S. Court of International Trade
Panelist: Marion Werkheiser;, Cultural Heritage Partners, PLLC
 2:45 PM – 3:45 PM           Panel 5:    Trusts, Estates and Art: What Lawyers Need to Know
Moderator: Hon. Kristen Booth Glen, New York County Surrogate's Court
Panelists:  Ralph Lerner, Withersworldwide; James McAndrew, Grunfeld Desiderio Lebowitz Silverman Klestadt LLP;
3:45 PM – 4:00 PM           BREAK
4:00 PM – 5:00 PM           Panel 6:     Legal Issues Surrounding Art Galleries and Art Dealing
Moderator: Hon. Helen Freedman, App. Div., First Dept.
Panelists: Helen Allen, Allen Cooper Enterprises; Chris Robinson, Davis Wright Tremaine LLP; Christine Lepera, Mitchell Silberg & Knupp LLP

 www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Welcome Appraisers Association of America Annual Conference

The Appraisers Association of America starts its national convention tomorrow at the New York Athletic Club.   My firm Dunnington Bartholow & Miller LLP is sponsoring tomorrow night's cocktail, we hope to welcome everyone there at Bonham's auction house.

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

EDNY World War II Veteran Judges Honored - December 5

 

Join The Federal Bar Association Eastern District

Of New York Chapter, Wednesday, December 5,
2012 At 6:00 PM To10:00 PM
As We Honor The WWII Veteran Judges Of The EDNYHONORABLE I. LEO GLASSER HONORABLE THOMAS C. PLATTHONORABLE ARTHUR D. SPATT HONORABLE JACK B. WEINSTEIN
HONORABLE LEONARD D. WEXLERYou are cordially invited to enjoy an evening of Buffet Dining

and

Entertainment as we recognize and celebrate the lives

and careers of five of our unique and outstanding Jurists –

The WWII Veteran Judges Of The EDNY

WHEN:
Wednesday, December 5, 2012 at 6:00 pm to 10:00 pm

WHERE:

American Airpower Museum at Republic Airport

1230 New Highway
Farmingdale, NY 11735

 

RSVP:

Please complete and return the enclosed Registration 

Form and Commemorative Journal Congratulations Submission (ifapplicable) by

Monday, November 19, 2012, to:Rob Rando, EDNY WWII Veteran Judges Program Chair

Email

Rrando@randolawfirm.com or

 

Fax

(516) 799-9820
 

For additional information please contact Rob Rando at (516) 799-9800

WWII VETERAN JUDGES PROGRAM REGISTRATION FORM

FIRM OR ORGANIZATION: ______________________________________________

CONTACT PERSON: _____________________ Phone ___________ Email _________

ATTENDEES (please use additional forms if necessary):

Name FBA Member Non-Member

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

_____________________________________ ____________ ____________

Total FBA Members x $35.00 = _____________

Total Non-Members x $45.00 = _____________

Commemorative Journal Congratulations

(Full Page - $250.00; Half Page - $150.00;

Two Line - $25.00) = _____________

Total Payment To Be Charged: = _____________

Credit Card: ___ American Express ___ MasterCard ___Visa

Name On Card (Please Print): ____________________________________________

Acct. No.: ____________________________________ Exp. Date: ______________

Signature: ________________________________________ Date: ______________

Payment By Check, Payable To THE FBA EDNY CHAPTER, Should Be Mailed To:

Rob Rando, c/o The Rando Law Firm P.C., 626 RXR PLAZA, Uniondale, NY 11556

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Art Litigation and Dispute Resolution CLE - November 16 - Register Now

 I hope that you will be able to join us at this program that I am Co-Chairing on November 16 at the New York County Lawyers' Association.   To sign up go to http://www.nycla.org/index.cfm?section=CLE&page=CLE_Detail&itemID=2928&dateID=20121116

5th Annual Art Litigation and Dispute Resolution Practice Institute Friday, November 16, 2012, 8:45 AM -- 5:00 PM Member Price: $200 Non-Member Attorney Price: $250 Law Office Staff: $50 Intended Audience: Non attorneys may attend the program for $50. register above as "Law office Staff"

Location: 2nd Floor Auditorium Course ID: C11162012 Number of Sessions: 1 Credits: 8 MCLE Credits: 3 Ethics; 2 Skills; 3 PP; Transitional and Non-transitional (also NJ) 8 MCLE Credits Course Description: Join a faculty experts from the bench, bar, academia, art galleries, insurance agencies, art consultants , government and non-profit organizations as they take you through the most relevant issues in today's art world, including how to deal with the ethical issues that arise. The program will include the following panels: Panel 1: The Law and Business of Sculpture and Fine Art Multiples Panel 2: Stewardship of Art Collections: What Lawyers Need to Know Panel 3: The Law of Antiquities Keynote Address: An Ethical GPS for an International Art Practice Panel 4: The Arts on Capitol Hill Panel 5: Trusts, Estates and Art: What Lawyers Need to Know Panel 6: Legal Issues Surrounding Art Galleries and Art Dealing Lunch will be provided Faculty: Program Chairs: Hon Stephen G. Crane (Ret.),JAMS and Raymond J. Dowd, Dunnington Bartholow & Miller LLP Keynote Speaker: Alexandra Darraby, The Art Law Firm, author, Art Artifact Architecture & Museum Law Faculty (in formation): Helen Allen, Allen Cooper Enterprises; Judith Bresler, Withersworldwide; John Cahill, Lynn¦Cahill, LLP; Maura Kehoe Collins, Artiphile, Art Collections Management Services; Darlene Fairman, Herrick Feinstein LLP; Hon. Helen Freedman, App. Div., First Dept.; Hon. Nicholas Garaufis, E.D.N.Y.; Hon. Kristin Booth Glen, New York County Surrogate's Court ; Hon. Sherry Klein Heitler, Administrative Judge for Civil Matters, First Judicial District; Hon. Barbara Jaffe, Acting Justice, Supreme Court, New York County; Christine Lepera, Mitchell Silberg & Knupp LLP; Ralph Lerner, Withersworldwide; Sharon Levin, Asset Forfeiture Dept., U.S. Attorney's Office, S.D.N.Y.; Ann Lydecker, Cirkers, Fine Art Storage & Logistics; James McAndrew, Grunfeld Desiderio Lebowitz Silverman Klestadt LLP; Michael McCullough, Michael McCullough LLC; William Pearlstein, Golenbock Eiseman Assor Bell & Peskoe LLP; Hon. Delissa Ridgway,U.S. Court of International Trade ; Chris Robinson, Davis Wright Tremaine LLP; Kirsten Squires, Cook Maran & Associates, Innovative Insurance Strategies; Renee Vara , Vara Art ; Marion Werkheiser;, Cultural Heritage Partners, PLLC ; additional faculty to be announced

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Stolen Art Lecture and Cocktails Tonight at San Francisco War Memorial

Below is a link to a photograph of the San Francisco War Memorial

http://twitter.com/raydowd/status/260423855913443328/photo/1

Below is a link to tonight's program:

http://www.csusa.org/chapters/nc/Stolen_Art_Invitation.pdf

I hope you can join us! Thanks to the Federal Bar Association ND California Chapter and Intellectual Property Law Sections for hosting and to the Northern California Chapter of the Copyright Society for promoting the event.

Stolen Art: Litigating Holocaust-Era Expropriation Claims

 

The Federal Bar Association, Northern District of California Chapter andThe Federal Bar Association Intellectual Property Section
Invite you to an evening of scholarship and socializing

Stolen Art: Litigating Holocaust-Era Expropriation Claims

By Raymond J. Dowd

October 22, 2012 6:00 pm – 9:00 pm 

The Green Room, San Francisco War Memorial Peforming Arts Center

401 Van Ness Avenue, San Francisco

Mr. Dowd’s presentation will be followed by a wine and hors d’oeuvres reception

Price per person:       45 FBA Members       $55 Non-Members       1 Hour MCLE

The program will be appreciated by those with an interest in history, art or law,

so invite your friends and colleagues.

Please contact Bernadette Dunne for further information

Please RSVP using the attached form by October 17

Stolen Art: Litigating Holocaust-Era

Expropriation Claims

RSVP FORM

Please respond by Wednesday, October 17, 2012

Fill out this form and mail it with your check made payable to “Federal Bar Association, Northern District California Chapter” to:

Bernadette Dunne
Owen, Wickersham & Erickson, P.C.
455 Market Street, Suite 1910
San Francisco, CA 94105
Please also send an email to bdunne@owe.com confirming your attendance and the number of your party.
Cost to attend is $45 per person for FBA members and $55 per person for non-members.
Name ________________________________
Total number in your party _________________

FBA Members ____ Non-Members ____

Address _______________________________

City ___________________________ State__________ Zip __________

Telephone __________________ Email ___________________

Check Total: _____________

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Cease and Desist Letters in Copyright Litigation CLE October 17

The West LegalEdcenter invites you to attend the CLE on   Cease and Desist Letters in Copyright Litigation: Pitfalls for Practitioners   By Raymond J. Dowd October 17, 2012 at 1 pm

 

Via live online format, or accessible up to 180 days after the event.   http://westlegaledcenter.com/program_guide/course_detail.jsf?courseId=100000784     Gain one CLE Credit in 33 states for the event   Price per person: $195 However, due to this special event, use the code RAYDOWD2 To get 25% off the market price for each program!   The program is designed for any practitioners involved in sending cease and desist letters related to any conduct including breach of contract, nuisance, trademark, copyright, domain name, patent and other disputes whether related to intellectual property or not.

Raymond J. Dowd is a partner of Dunnington Bartholow & Miller LLP in New York City, and author of The Copyright Litigation Handbook.

 

The situation: a client wants a quick and dirty letter but does not want to pay much for it or think too hard on it. Is a cease and desist letter a recipe for a cost-effective settlement? Or will it snowball into a professional embarrassment, with the client getting hit with a lawsuit in an inconvenient forum? Dowd, a seasoned litigator, takes us through the ethical, tactical and strategic considerations and choices to be considered before a practitioner sends a cease and desist letter. What warnings should you give the client before proceeding? Would it be better to commence a local declaratory judgment action? Why or why not? What is the first-to-file rule and how can a practitioner try to craft a cease and desist letter to best balance the client’s objectives? What are the risks of suit in a foreign jurisdiction by the recipient of a letter and how does one get out of the pickle without getting sanctioned? Is your cease and desist letter going to be publicly mocked by well-organized bloggers who have systematically attacked overreaching by IP owners? Dowd’s Copyright Litigation Handbook is the first publication to deal seriously with the interplay of cease and desist letters and declaratory judgment actions, devoting attention to case law that rarely reaches the appellate level, but is of critical importance to the life of everyday practitioners. The New York Law Journal called Dowd’s Copyright Litigation Handbook “an indispensable guide and supplement to the ins and outs of copyright litigation…”. Join us for a lively session on a hot topic. For more information on Copyright Litigation Handbook 2011 ed, please visit the Thomson Reuters Westlaw Store.

 www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Nazi Art Looting Lecture at Claremont McKenna College

Tomorrow, October 8 I will be giving a lunchtime lecture titled Murder, Mystery and Egon Schiele's Dead City at the Marilyn Miner Athenaeum at Claremont McKenna College

http://www.cmc.edu/mmca/temp_fn.php?volumeFN=28&issueFN=02&articleFN=5&typeFN=f#article5

http://www.nypost.com/p/news/local/that_nazi_loot_art_is_mein_18eatpbSRGsvvvUlrDROII/0

MoMA Refuses To Return Artworks Stolen from George Grosz #art #law

http://www.nypost.com/p/news/local/that_nazi_loot_art_is_mein_18eatpbSRGsvvvUlrDROII/0

ABA Entertainment and Sports Forum in Las Vegas

Had a great day as a speaker on a panel called "The Picasso Project" about the Google Art Project. Terrific moderator LeeAnn Shelton, and co-panelists art expert Alexandra Darraby and Houston Museum of Fine Arts in-house counsel Carlotta Rodriguez. Very interesting debate and issues on the future of museums and the internet.

Audio Download Available: Copyright Litigation: Preparing the Complaint - Investigation, Analysis and Documentation

West's LegalEdCenter now has available for download the one-hour audio program Copyright Litigation:  Preparing the Complaint - Investigation, Analysis and Documentation.   Find the program here, description below:

Ray Dowd, author of West’s acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will lead us through the process of investigating, analyzing and documenting a copyright litigation from the initial client interview.

Dowd, a seasoned litigator, takes us through a pre-flight litigation checklist designed to avoid potential pitfalls that may arise before a copyright litigation is launched or when your client is sued. Does your client have a case? If so, how well is it documented? Have you reviewed the client’s claims and documents before actually filing the complaint? What evidence do you need before moving ahead?

Does your case belong in federal or state court? This course will cover how to pick the right courthouse, analyze copyright terms, statutes of limitations and how to get an idea of whether attorney’s fees may be available.
Initial considerations from the defendants’ perspective will be considered, together with some potential strategies for quickly finding the holes in your adversary’s case.

Don’t wait until you are in a courtroom to realize that preparing copyright cases requires special attention. Copyright litigation has exploded as the world has become digitized. This course will assist you in navigating potential minefields.

The New York Law Journal called Dowd’s Copyright Litigation Handbook “an indispensable guide and supplement to the ins and outs of copyright litigation…”. Join us for a lively session on a hot topic. For more information on Copyright Litigation Handbook 2011 ed, please visit the Thomson Reuters Westlaw Store here.

Practice Areas:		Copyright Law, Intellectual Property Law
Online Media Type:		Audio
Production Date:		07/25/2012
Level:		Intermediate
Category:		Standard
Duration:		1 Hours, 3 Minutes
Online Format:		On Demand

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here  

Sign Up Now for 7/25 CLE - Copyright Litigation: Preparing the Complaint - Investigation, Analysis and Documentation

Please sign up now for a lunchtime CLE offered by the West LegalEdCenter on Wednesday, July 25.  You can call in from anywhere for this live session and listen from your desk.  Details here.  Course description:

Ray Dowd, author of West’s acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will lead us through the process of investigating, analyzing and documenting a copyright litigation from the initial client interview.

Dowd, a seasoned litigator, takes us through a pre-flight litigation checklist designed to avoid potential pitfalls that may arise before a copyright litigation is launched or when your client is sued. Does your client have a case? If so, how well is it documented? Have you reviewed the client’s claims and documents before actually filing the complaint? What evidence do you need before moving ahead?

Does your case belong in federal or state court? This course will cover how to pick the right courthouse, analyze copyright terms, statutes of limitations and how to get an idea of whether attorney’s fees may be available.  Initial considerations from the defendants’ perspective will be considered, together with some potential strategies for quickly finding the holes in your adversary’s case.

Don’t wait until you are in a courtroom to realize that preparing copyright cases requires special attention. Copyright litigation has exploded as the world has become digitized. This course will assist you in navigating potential minefields.

The New York Law Journal called Dowd’s Copyright Litigation Handbook “an indispensable guide and supplement to the ins and outs of copyright litigation…”. Join us for a lively session on a hot topic. For more information on Copyright Litigation Handbook 2011 ed, please visit the Thomson Reuters Westlaw Store here

Practice Areas:		Copyright Law, Intellectual Property Law
Online Media Type:		Audio
Production Date:		07/25/2012 12:00 PM EDT
Level:		Intermediate
Category:		Standard
Duration:		1 Hours, 0 Minutes
Online Format:		Live

www.dunnington.com
 Purchase Copyright Litigation Handbook 2011 by Raymond J. Dowd from West here