Seton Hall Law Revue!

Everyone's heard some of the most viral YouTube videos (amongst law students, at least) of all time- Con Luv, My New Outline, BarBri Girl, etc.....

Once upon a time, Seton Hall Law School had its OWN Law Revue show. Over the years it turned into "Seton Hall Idol" and eventually a "Seton Hall Fashion Show" before dwindling down and then to nothing. Well, ladies and gentlemen, 2010-2011 will mark the return of Seton Hall Law Revue, a musical and comedic parody of life as a law student.

ESLS President Krista Lynn Peckyno and Dance Club President Kimia Mousavi are co-chairing the return of Law Revue, and will be hosting an initial planning meeting on Tuesday, February 2nd at 3:30pm in the student lounge. Anyone that is interested in planning, participating, chairing a committee, or being on the executive board is encouraged to attend. With your help, we can bring this back bigger and better than ever!

We look forward to hopefully seeing as many of you there as possible on Tuesday afternoon!

Apple iPad Launches in CA Today: Trademark Law may be the only thing holding Apple back

There is a battle brewing between Fujitsu and Apple for the trademark rights of the mark, iPad. At one point in 2009, the U.S. Patent and Trademark Office found that Fujitsu "abandoned" the mark, rendering it available for use. However, shortly thereafter, Fujitsu resumed use of the trademark. Apple now bears the burden of proving that it is the valid owner of the iPad mark.

you can view the article at:
http://www.pcworld.com/article/187537/apple_tries_to_wrangle_ipad_trademark.html

Dear Internets:

By now you've heard the Justice Department approved the merger between TicketMaster and Live Nation, creating an un-Holy union of the world's largest ticketseller (140m tickets worlwide in 2009) and the world's largest concert promoter (roster: U2, Madonna, Jay-Z, The Sarah Palin 'You Betcha' Bluegrass Quartet, Miley Cyrus...you know, everybody).

You also have, my dear Internets, been inundated by eveyone with at least two fingers and a landline espousing how the newly minted Live Nation Entertainment (Ticketmaster owning 50.01% of the newly minted stock) spells death for the consumer: No market-place competition, higher event ticket surcharges, fewer and more expensive dates, and Bruce Springstein sacrificing a Golden Retriever puppy onstage nightly until the company is broken up...Okay, I made the last one up, but suffice it to say the conventional wisdom doesn't bode well for Carl and Christine Concertgoer.

Let's play devil's advocate for a second. It's been a while since Brian Mahoney's sloppily defended scantron got me that A- in macro-economics, but I seem to remember a concept called bilateral monopoly: Basically, when two parties who dominate their respective markets are locked into dealing with eachother on an ongoing basis, efficient transfers and dealings can be foreclosed due to the high costs of negotiation. Sound familiar? Because the outside competitive pressures are already lacking in a bilateral monopoly situation, in an effort to get as much as possible both parties ask too much, offer too little, and generally drive up the externalities inherent to any negotiation process generally. Such might be the case here. Christine Varney of DOJ seems to think with the provisions Justice is imposing on TicketMaster (selling ticketing software to AEG, 10 years of strict oversight), there might actually be DOWNWARD pressure on ticket prices. Coupled with a powerful bilateral monopoly being extinguished, the news might not be all bad.

(DISCLAIMER: As with everything else people write to you, Internets, take this theory with a grain of salt. If I actually had anything worthwhile to say, I wouldn't be anonymously yelling it at you. I would tell another human being. You know. In person. You, Internets, are just a wonderful captive audience.)

For an in-depth look at the anti-merger position, see ticketdisaster.org.

A little tidbit from the DOJ's press release: Apparently the Canadian Competition Bureau, or "Dudley Do-Not Compete," worked hand in hand with Varney and DOJ to make sure that the remedies requested stateside to get the deal OK'ed were also required in it's north of the border counterpart...Looks like my summer tradition of hopping in my '73 Winnebago and doing the Gordon Lightfoot "Carefree Highway Across Saskatchewan" tour is safe for another year.

Spring Semester General Meeting TODAY

Join the Executive Board of Seton Hall's Entertainment and Sports Law Society this afternoon at 4:00pm in Room 372 for our Spring Semester General Membership meeting. We'll be discussing upcoming events for the semester including the first ever "Wii Rock" event along with the Sports Law Symposium sponsored by the Journal of Sports and Entertainment Law. We hope to see you there! Snacks/Refreshments will be served!

Internship Opportunity (Sports Law) with NHL Enterprises

Description of Position: NHL Enterprises, L.P. is the licensing and marketing arm of the National Hockey League and we are currently recruiting New York-area 1Ls for our Legal Internship program. Our Legal Department works closely with all the business units of NHL Enterprises in connection with their wide-ranging activities, including consumer products licensing, special events, sponsorships, sweepstakes and Internet activities. Because of the small size of the NHL Enterprises Legal Department, our interns work closely with our attorneys, playing a vital and active role in a wide range of projects and matters. The internship provides hands-on experience in a diverse legal practice, including in the areas of intellectual property, contracts and litigation, among others. In the past, our interns have handled trademark and copyright enforcement matters, drafted license agreements, reviewed sweepstakes rules, prepared briefs to be filed with the U.S Trademark Office, and researched and cleared uses of historical NHL team logos and other properties. Our interns are also given the chance to work directly with various NHL Enterprises business people and to participate in meetings, providing even greater exposure to the many legal and business issues in which the NHL Enterprises Legal Department is involved. The paid internship lasts for one full calendar year ending approximately on the one year anniversary of your start date with us. Our interns work a minimum of fifteen hours a week during the school year, with appropriate time off for exams and breaks, and full-time during the summer. We anticipate hiring two interns for our 2010 class. If you are interested in applying for a position in this exciting program, please e-mail a letter of interest and resume to jschiffman@nhl.com. We will be accepting applications through January 29, 2010.

The candidates will start approximately March 15, 2010

Summer internship opportunity(health law)- Johnson & Johnson

Johnson & Johnson Summer Legal Internship Positions

Corporate Law/Website Support Summer Intern Position
General Law Department
Requisition Number 0813598
Johnson & Johnson Corporate Headquarters
New Brunswick, New Jersey

Unique opportunity to work full-time with the Law Department of Johnson & Johnson, a global Fortune 100 company. We are accepting resumes from interested first-year law students for one (1) summer legal intern to work with the Corporate Law Group and the Website Support Group within the Johnson & Johnson General Law Department. The Johnson & Johnson General Law Department provides legal counsel and support to the Johnson & Johnson family of companies in the United States and internationally and supervises outside legal counsel. Applicants must have a keen interest in the dynamic practice areas and relationships of a corporate law department.

Corporate Law Group / Website Support Group Summer Intern Position
One (1) summer intern will be hired to work with the Corporate Law Group and the Website Support Group of the General Law Department. Examples of tasks the intern may be involved in include:
· Researching legal issues
· Assisting with M&A due diligence
· Drafting agreements
· Creating templates, annotated forms and agreements and automated survey tools
· Creating and improving accessibility of online research tools (e.g., virtual library)
· Drafting and publishing legal articles and other materials for our intranet sites and print publications

The intern will also be involved in aspects of the business including:
· Attending company meetings with business partners
· Attending drafting and negotiation sessions
· Opportunities to gain exposure in other desired areas of law (e.g., patent, litigation, trademark, regulatory)

The position described above requires a self-starter with the ability to work with little or no supervision, possessing excellent research, writing and communication skills. Experience or familiarity with website design and/or Microsoft FrontPage or any other html editor or programming language would be a plus. Ability to function in a team environment is essential. Position may require occasional travel to local clients.

Applications will be accepted until January 31, 2009 (see instructions below).
Step 1: Visit www.jnj.com/careers

Step 2: Select Graduate from the QuickConnect Menu in the top right of the screen

Step 3: Type the Requisition Number in the “Enter a requisition number” text box and click GO (it is not necessary to select your school or enter a program code)

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Litigation-Regulatory Summer Intern Position
General Law Department
Requisition Number 0813602
Johnson & Johnson
Corporate Headquarters
New Brunswick, New Jersey

Unique opportunity to work full-time with the Law Department of Johnson & Johnson, a global Fortune 100 company. We are accepting resumes from interested first-year law students for one (1) summer legal intern to work with the Litigation and Regulatory Law Groups within the Johnson & Johnson General Law Department. The Johnson & Johnson General Law Department provides legal counsel and support to the Johnson & Johnson family of companies in the United States and internationally and supervises outside legal counsel. Applicants must have a keen interest in the dynamic practice areas and relationships of a corporate law department.

Litigation and Regulatory Law Summer Intern Position
One (1) summer intern will be hired to work with both the Litigation and Regulatory Law Groups. Examples of the tasks the intern will be involved in include:

Researching legal issues

Discovery projects and litigation preparation

Projects involving health care compliance and regulatory review

Performing research on Federal regulatory websites

Learning about complex regulatory schemes

A substantive writing assignment

The intern will also be involved in aspects of the business including:
· Attending company meetings with business partners
· Attending trials, mediations, depositions
· Liaising with outside law firms to gain practical law firm experience, and exposure to the law firm culture

Exposure to other desired areas of law (i.e., patent, trademark, international, corporate)

The position described above requires a self-starter with the ability to work with little or no supervision, possessing excellent research, writing and communication skills. Ability to function in a team environment is essential. A cooperative and enthusiastic disposition is a plus. Positions may require occasional travel to local clients.

Applications will be accepted until January 31, 2009 (see instructions below).
Step 1: Visit www.jnj.com/careers

Step 2: Select Graduate from the QuickConnect Menu in the top right of the screen

Step 3: Type the Requisition Number in the “Enter a requisition number” text box and click GO (it is not necessary to select your school or enter a program code)

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Patent Law Department
Requisition Number 0813603
Johnson & Johnson
Corporate Headquarters
New Brunswick, New Jersey

Unique opportunity to work full-time with the Patent Law Department of Johnson & Johnson, a global Fortune 100 company. We are accepting resumes from interested first-year law students for two (2) summer legal interns to work with the Johnson & Johnson Patent Law Department. The Johnson & Johnson Patent Law Department provides legal counsel and support in the discipline of patent law to the Johnson & Johnson family of companies in the United States and internationally and supervises outside legal counsel. Applicants must have a keen interest in the dynamic practice areas and relationships of a corporate law department.

Responsibilities include research and preparation of memoranda; evaluating the patentability of new inventions; requesting and reviewing prior art searches; aiding in the preparation of patent applications and patent prosecution documents; attending meetings with Johnson & Johnson affiliates’ research and business personnel; attending contract negotiations; drafting simple contracts; attending examiner interviews at the U.S. Patent and Trademark Office; and attending depositions and trials of patent infringement cases. The intern would also spend time with outside litigation and patent prosecution counsel.

The position requires a self-starter with the ability to work with little or no supervision, possessing excellent research, writing and communication skills. The candidate must have an undergraduate degree in engineering or the sciences. Ability to function in a team environment is essential. A cooperative and enthusiastic disposition is a plus. Positions may require occasional travel to local clients.

Applications will be accepted until January 31, 2009 (see instructions below).

Step 1: Visit www.jnj.com/careers
Step 2: Select Graduate from the QuickConnect Menu in the top right of the screen
Step 3: Type the Requisition Number in the “Enter a requisition number” text box and click GO (it is not necessary to select your school or enter a program code)

Congratulations to Brandon Fierro!

ESLS wants to congratulate our ABA Representative, Brandon Fierro, on winning the 1L Brain Bowl!!! Way to go!

Conan v. Leno v. NBC

While we're all mildly entertained by the ongoing fued between late night greats Conan O'Brien and Jay Leno, the legal implications of this entertaining midnight soap opera are rather complex, not to mention leave NBC (and, any network that potentially picks up Conan O'Brien) with ridiculous amounts of liability should any intellectual property rights be violated.

As the Wall Street Journal earlier reported, the contractual issues are about to be worked out any moment now. TMZ reported that Conan has scored at $32.5 million deal with NBC, but will lose the rights to the name "The Tonight Show". NBC is also rumored to have agreed to a severance package to employees of the show.

Under the terms of the deal, NBC doesn't have to pay Conan for any money he makes during the interim period between now and September 2010, which is the rumored date that he will be allowed back on the air as a late night host.

A source within NBC has reported to TMZ and ET that NBC has contracted to retain all intellectual property rights in Conan's show. This means that some of Conan's famous skits will not be allowed to travel with him to whichever network he decides to join.

Interestingly enough, it is rumored that Fox is the purchaser of the domain name www.conanonfox.com one week ago today, indicating their interest in the late night giant. If you attempt to visit the site, you are redirected to a twitter account set up as well for ConanOnFox. If Fox denies this, the website will probably be redirected later in the week.

National Law Journal has reported on the lawyers representing each side in this matter- Patty Glaser and Kevin Leichter of Glaser, Weil, Fink, Jacobs, Howard & Shapiro are representing Mr. O'Brien, and NBC has retained Scott Edelman of Gibson Dunn working on their behalf.

Regardless, there should be many updates over the next few days as more details of any rumored agreements begin to leak. We'll be sure to follow the continuing legal drama and potential woes of either side.

Top Concert Tours of the Decade...

There was a LOT of money being made in the last decade from some of the entertainment world's biggest artists. The Top 50 Concert Tours of the Decade ranks artists by total box office gross and includes the total tickets sold for shows in North America. The list is based on data provided to the trade publication Pollstar by concert promoters and venue managers. Check out the list of artists that filled their bank accounts touring the world from 2000-2009 below!

TOP 50 CONCERT TOURS OF DECADE

1. Dave Matthews Band; $529.1 million; 11.6 million.

2. Celine Dion; $522.2; 4.

3. Kenny Chesney; $455.6; 8.6.

4. Bruce Springsteen; $444.3; 5.7.

5. The Rolling Stones; $426.9; 3.2.

6. U2; $391; 4.4.

7. Madonna; $325.3; 2.1.

8. Eagles; $313.4; 2.8.

9. Elton John; $286.4; 2.5.

10. Jimmy Buffett; $285.8; 4.5.

11. Toby Keith; $273.8; 6.4.

12. Cher; $263.5; 3.5.

13. Elton John/Billy Joel; $261.6; 2.3.

14. Bon Jovi; $241.4; 3.2.

15. Metallica; $225.5; 3.6.

16. Rascal Flatts; $222.4; 4.5.

17. Paul McCartney; $221.4; 1.4.

18. NSYNC; 196.4; 3.8.

19. Britney Spears; $195.7; 3.5.

20. Trans-Siberian Orchestra; $194.9; 4.7.

21. Aerosmith; $193.2; 3.2.

22. Tim McGraw/Faith Hill; $189.9; 2.7.

23. George Strait; $184.7; 3.1

24. The Police; $181.2; 1.7.

25. Neil Diamond; $179.4; 2.7.

26. Barry Manilow; $173.9; 1.7.

27. Bob Dylan; $161.1; 3.4.

28. "American Idols Live"; $156.8; 3.

29. "Ozzfest"; $154.9; 3.4.

30. Rod Stewart; $153.9; 2.1.

31. "Vans Warped Tour"; $152.9; 5.1.

32. Van Halen; $147.8; 1.6.

33. Fleetwood Mac; $146.2; 1.7.

34. Brooks&Dunn; $144.4; 3.8.

35. AC/DC; $144.3; 2.1.

36. Coldplay; $142.9; 2.6.

37. Eric Clapton; $139.3; 1.9.

38. Luis Miguel; $137; 2.1.

39. Tom Petty&The Heartbreakers; $136; 3.

40. Nickelback; $135.8; 3.3.

41. Dixie Chicks; $134.9; 2.6.

42. Tim McGraw; $133.7; 2.7.

43. Backstreet Boys; $132.4; 2.6.

44. Brad Paisley; $129.7; 3.3.

45. Tina Turner; $127.9; 1.7.

46. Bette Midler; $126; 1.1.

47. Billy Joel; $123.4; 1.4.

48. Barbra Streisand; $119.5; 0.4.

49. Phish; $116.7; 2.6.

50. James Taylor; $116.3; 2.6.

For free upcoming tour information, go to www.pollstar.com

Big Mac won't face perjury charges

For Big Mac, there's good news, and there's bad news.

First, the bad news: he probably won't be going to Cooperstown.

On the bright side, he probably isn't going to jail either.

In not-so-shocking news, former St. Louis Cardinal first baseman (and current Cardinal hitting coach) Mark McGwire came clean yesterday, admitting in a statement to the Associated Press that he used steroids on and off for nearly a decade, including during his magical 1998 season when he and slugger Sammy Sosa's historic home-run chase captivated the nation. McGwire also admitted to using human growth hormone during his career. While the scores of sports writers who opted not to expose the obvious influx of steroid-use at its peak in the 1990s continue to demonize the very athletes they formerly praised as icons, very few have taken the time to evaluate the legal aspect of the situation.

McGwire testified before the Committee on Government Reform of the House of Representatives on March 17, 2005, where he declined to answer questions about whether he used steroids during his career in Major League Baseball. When questioned about his suspected use, McGwire neither confirmed nor denied using performance-enhancing drugs, claiming his lawyers had advised him not to answer such questions and instead repeating the line "I'm not here to talk about the past."

Though McGwire's behavior did little to improve his credibility in the eyes of baseball fans, it should be enough to help him avoid any perjury charges. Perjury requires knowingly lying under oath, and by avoiding the issue, McGwire avoided committing the crime. McGwire said he then sought immunity, which would have allowed him to implicate himself without the risk of being prosecuted, but Attorney General Alberto Gonzalez decided the privilege wasn't justified.

Last night, McGwire was interviewed by Bob Costas on the MLB Network, claiming that after failing to get immunity, he had little choice but to opt not to talk about his past steroid-use while under oath:

"Our lawyers were down there trying to get immunity for me. I wanted to talk. I wanted to get this off my chest. Well, we didn't get immunity. Here I was in a situation where I had two scenarios: Possible prosecution or possible grand-jury testimonies. Well you know what happens when there's a possible prosecution? You bring in [your whole family, your friends...]...anybody around you. How the heck am I going to bring those people in for some stupid act that I did? So you know what I did? We agreed not to talk about the past. And it was not enjoyable to do that [...] But I had to do what I had to do to protect myself, to protect my family and to protect my friends. Anybody who was in my shoes that had those scenarios set out in front of them would have done the same exact thing."
The full transcript of the interview can be found here.
Even if McGwire had denied using steroids while under oath, he'd probably be in the clear regarding any potential perjury charges at this point. Under Title 18 of the U.S. Code (Section 1001), there's a five-year statute of limitations for federal perjury charges, meaning that McGwire would have to face perjury charges by March 17, 2010 for any statements made during his 2005 Congressional apperance. The amount of evidence the government would be able to gather for a potential indictment by then is unclear, though there are some other former players who would probably be of some assistance. Just today, McGwire's former teammate Jose Canseco claimed the two injected each other with steroids while with the Oakland Athletics between 1986 and 1992. Canseco has accused McGwire and several other players of steroid use multiple times in the past, even writing two books on the issue.
If McGwire had told the truth regarding his steroid use, he could have theoretically faced criminal charges under the Anabolic Steroid Control Act. Enacted in 1990, the Act criminalized non-medical use of anabolic steroids. However, several prominent athletes have admitted to performance-enhancing drug use since then, and none have been prosecuted under the Act. (The Act was amended in 2004 to further clarify the definition of anabolic steroids.)
Telling the truth would have likely aided federal authorities in their investigation of the steroid issue in recent years, though that probably would have meant revealing the steroid habits of friends and teammates. Despite his efforts, McGwire's legacy has been heavily tarnished within the baseball world. Though he hit 583 home runs during his 16-year career, McGwire has fallen far short of being elected to the Hall of Fame in his four years of eligibility, appearing on only 23.7 percent of the Baseball Writers Association of America's ballots in the 2010 voting (to be elected, players must appear on 75 percent of the ballots).

Partially to attempt to improve the former-All-Star's image, Cardinal manager Tony La Russa hired McGwire as the team's hitting coach in October. It is believed the organization wanted McGwire to address his steroid issue before the team begins spring training next month.
There was no official MLB policy regarding steroid use before 2002, and use of performance-enhancing drugs is widely speculated to have been rampant during the 1990s and the early 2000s. Heightened suspicions and allegations lead to testing, which has become gradually stricter throughout the last decade. After between five and seven percent of players tested positive during random drug tests in 2003, new policies were instituted in 2004 and then again in 2005. Banned substances currently include steroids, steroid precursors, masking agents and diuretics. Random testing is done throughout the offseason, and every player faces an unannounced test at least once each year. First-time offenders face 50-game unpaid suspensions, while third-time offenders face a lifetime suspension from MLB.

Vermont Law professor Michael McCann breaks down these and related McGwire legal issues in greater detail over at SI.com.

Check us out!

The Entertainment and Sports Law Society will be hosting a table during the Spring Student Organization Fair on Tuesday, January 19th from 4:00-6:00pm in the Seton Hall Atrium. Check out our table for information on our spring events!

You can also join us on Tuesday, January 26th from 4:00-4:30pm for our general membership meeting, and from 4:30-5:00pm for an update on our March Madness Tournament!

We look forward to seeing you at our first two events!