Tag Archives: James P. Flynn

WORLD FAMOUS (By, Say, New Jersey Standards): Expanding The Right Of Publicity Nationally And Internationally

Springsteen.

Sinatra.

Chuck Wepner (for at least one night in 1975 and then through the “Rocky” avatar).

At least some of the people that rest stops on the New Jersey Turnpike are named after.

These public figures are, or were, world-famous, and certainly had made a name for themselves outside of the Garden State, even if their growth as artists, authors, sports figures or icons was at some point nurtured in the fertile ground of the third state to enter the union.  But, if either Springsteen or Sinatra, for example, wished to protect their image on the world stage or before a national audience, neither could invoke, directly or effectively, federal or international law.

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The More Things Change, the More They Stay the Same: Court Holds That All Those New Non-Compete Rules under Massachusetts Act Do Not Supplant Old Public Policies Applicable To Pre-Existing Agreements

When Massachusetts enacted the Massachusetts Noncompetition Agreement Act (“MNCA”) in mid-2018, many suggested then and thereafter that such statutes reflected an anti-employer tilt in public policy. But we advised at that time that the MNCA in fact appeared to present manageable options for sophisticated employers advised by knowledgeable counsel.   A recent federal court decision from the District of Massachusetts in Nuvasive Inc. v. Day and Richard, 19-cv-10800 (D. Mass. May 29, 2019), supports our earlier read, and belies the notion that Massachusetts courts see the Commonwealth’s policy requiring application of its own law to pre-existing non-competes.  So despite the fear that the statute would eliminate multi-state employers’ ability to rely on more favorable non-Massachusetts law when enforcing restrictive covenants, the Nuvasive court’s result and analysis gives employers hope that such fears were overblown.

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ILN Today Post

Epstein Becker Green Recognized Among Leading Law Firms and Attorneys in 2019 Edition of Chambers USA

Epstein Becker Green (EBG) is pleased to announce that the firm has received high rankings in the following practice areas in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business:

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Utah Hopes That Third Time’s a Charm for Non-Compete Statute

The State of Utah on March 22, 2019 returned to the topic of non-competes for the third time in three years. It had passed that statute in 2016 (as we noted), and then amended in 2018 (as we also discussed here earlier), and now is at it again, by amending it once more. Maybe they are hoping that the third time’s a charm, as they say.

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“…this is my life”: Corporate Biography, Moral Rights & Being Slow To Berne

I don’t care what you say anymore this is my life
Go ahead with your own life leave me alone.
—Billy Joel, My Life

People often do quite well financially selling their life story.  But stop and think for a minute what that statement means — “selling their life story.”  The complex personal investment each writer makes in his/her craft and the further psychological dynamic of autobiography have each seen repeated comment and exploration. See Calvin D. Peeler, From The Providence Of Kings To Copyrighted Things (And French Moral Rights), 9 Ind. Int’l & Comp. L. Rev. 423, 426 (1999)(authors’ moral rights “evolved from a societal concern about individual author’s and artist’s personality and reputation investments as they are exhibited through their creative work”);  C. R. Romiţan, The Right Of Authorship On A Work, 1 AGORA International Journal of Juridical Sciences 155, 158 (2014) (“The authorship of a work belongs only to individuals, because only they have the specific qualities of the creator, namely: intelligence, personality, sensibility, faculty to create, to think, to formulate ideas and also to expose them in an original and personally form. In order to recognize the authorship of a work, the law does not require any condition because it arises from the mere fact of creating the work”); see also Livingston, P. (2016). “Authorship.” In N. Carroll & J. Gibson (Eds.), The Routledge companion to philosophy of literature (pp.173-183). New York: Routledge, at 14 (autobiographies convey perspectives beyond what is “manifested in the texts alone”); Burke, P., “Representations of the Self from Petrarch to Descartes,” pp. 17-28 in Porter, R., (1997) Rewriting the self: histories from the Renaissance to the present, London: Routledge, at 17 (“‘man became a spiritual individual and recognized him- self as such’. The rise of self-awareness or subjectivity was reflected by the rise of autobiographies”).    Does a life story sold cease to be one’s own life?  Is it no longer an individual’s personal history?  Does it become someone else’s life? When I remember and describe my own history in my own language and way, has not my history somehow merged with my expression of it?  While one might ask if I can get it back, is it not just as natural for me to say why should I have to do that, as my story has never left me?  I mean, it is mine, isn’t it?

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ILN Today Post

Massachusetts Passes New Law Governing Non-Competition Agreements

On August 10, 2018, the Governor of Massachusetts signed “An Act relative to the judicial enforcement of noncompetition agreements,” otherwise known as the Massachusetts Noncompetition Agreement Act (“Act”), § 24L of Chapter 149 of the Massachusetts General Laws.[1]The Act limits the ability of Massachusetts employers to enter into non-competition agreements and applies to all non-competition agreements entered into on or after October 1, 2018.

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Massachusetts Establishes Garden-Leave-Type Non-Compete Requirements and Limits

On August 10, 2018, the Governor of Massachusetts signed “An Act relative to the judicial enforcement of noncompetition agreements,” otherwise known as The Massachusetts Noncompetition Agreement Act, §24L of Chapter 149 of the Massachusetts General Laws. (That bill was part of a large budget bill, H. 4868, available here; the text of the provisions relevant here at pages 56-62 of the bill as linked). The Act limited non-competition provisions in most employment contexts to one-year and required employers wishing to enforce such a one-year period to pay their ex-employees for the time that such employees are sidelined. The Act also precluded enforcing such provisions against employees laid-off or terminated without cause or against employees classified as non-exempt under the Fair Labor Standards Act. These and the other requirements noted below become effective and apply to employee noncompetition agreements entered into on or after October 1, 2018, and the Act curiously contains some significant exceptions as well. Below we will highlight material aspects of the new law, which was recently featured on Employment Law This Week.

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Utah and Idaho Continue Trend of State Legislatures’ Focusing on Non-Competes

Two western states, Utah and Idaho, have recently passed or amended their statutes dealing with post-employment restrictions on competition.  This continues a national trend in which new state law in this area is increasingly the product of legislative action rather than judicial interpretation.  Thus, even if an employer has no current presence in these states, it is worth one’s time to understand these changes because they could soon be coming your way.

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Fair is foul, and foul is fair: How TV Eyes May Help Us See Through The Blurred Lines & Fog Around Fair Use

 

 

 

 

 

 

 

First Witch:     When shall we three meet again/In thunder, lightning, or in rain?

Second Witch:  When the hurlyburly’s done,/When the battle’s lost and won.

Third Witch:    That will be ere the set of sun.

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ILN Today Post

Fifteen Epstein Becker Green Attorneys Named to 2018 New Jersey Super Lawyers and Rising Stars Lists

Newark, NJ (March 19, 2018) – The national law firm of Epstein Becker Green (EBG) is pleased to announce that fifteen attorneys based in the firm’s Newark and Princeton offices have been selected for the 2018 New Jersey Super Lawyers and Rising Stars listsThese attorneys join colleagues in EBG’s Chicago and Los Angeles offices who were selected for other regional Super Lawyers and Rising Stars lists earlier this year. All of the EBG attorneys recognized are listed below.

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