May 02, 2019
Lurking Copyright Dangers in Online Linking, What Lawyers Can Learn from the Theater and More—Including Bourbon!
May 02, 2019
By Robert Rosborough
Have you ever tweeted a link to a photograph? Did you make sure the linked source had the rights to the photograph? Those of us in the Ninth Circuit probably don’t (yet) need to worry much about this. But if you represent a business with a presence in New York, you might. Naomi Jane Gray gives us the details on a new federal court case from New York that threatens to upend accepted copyright practice in online linking. Even if you don’t advise clients about such things, Naomi’s article is well worth a read for anyone who uses social media or maintains a website.
For the litigators among us, we have several articles this month. One is Cynthia McGuinn’s interesting interview with a theater director turned trial consultant and author. Dr. David Ball’s search for material for his writing led him to the courtroom and to the conclusion that lawyers don’t know much about communicating with their audience, i.e., juries. Twenty-five years later, Ball has authored multiple books about the subject and made a career of trial consulting and teaching.
And for the personal injury litigators in particular, John Feder has written an excellent primer on making sure your depositions in premises liability cases maximize your chances of success. John is the husband of Sue Feder, this month’s guest editor (and MCBA President-Elect). A big thanks to Sue for putting together a full issue while getting ready to leave the country! Also for litigators is Rachel Ehrlich’s article explaining 2019’s new mediation consent provision and the common misconceptions that lead lawyers to think it doesn’t apply. In short, if you represent a client in mediation, you have to explain confidentiality and get your client’s written consent. Period.
In addition to our regular features, we also bring you another book review this month. Our President, Charlie Dresow, reviews Bourbon Justice, a fascinating account of the outsize role America’s whiskey has played in shaping our law. If you missed our April luncheon on bail reform, read Charlie's President's Message, where he discusses the recent history of criminal justice reform in California along with the luncheon. Next month, we have another of our quarterly magazine-style issues, this time with a civil rights theme. Be sure to check it out in June!
Rob Rosborough is Of Counsel to Monty White LLP. He mediates disputes where an ongoing relationship is at stake, particularly adult-family conflict such as disagreement over caring for an aging parent and HOA disputes. He maintains an estate planning, HOA and general advisory and transactional law practice focusing on personal and small business issues. Rob also teaches at USF’s Fromm Institute (conflict resolution and history of science) and helps lawyers cope with the practice of law by teaching them meditation skills as a certified iRest® meditation teacher.