Wednesday, February 18, 2009 November’s e-news contest did not have a winner. But don’t worry, we’re giving you another shot with a new question this month

Wednesday, February 18, 2009

November’s e-news contest did not have a winner. But don’t worry, we’re giving you another shot with a new question this month.
Question: Madonna wants to know: what are the 15 ways to leave your lover? (Jim asks, “Can we use Madonna’s name in our newsletter?”)
Answer: There was no winner
You could be a winner. Check out our new question below…very far below, at the very bottom (almost).


The Law of Advertising Expands
Jim, Donna and Todd have so much to say about the law of mass communications that ­The Law of Advertising is expanding from four to six volumes with the September 2009 release. Don’t wait! Order your set today at http://www.lexisnexis.com/store/catalog/productdetail.jsp?prodId=10267.


Greta Van Susteren?  Move Over, Sister.
Earlier this month, Julie appeared three times on Fox 45 as a legal analyst discussing the indictment and arraignment of Mayor Sheila Dixon.  When asked whether she enjoyed the spotlight, Julie told us to call her people for comment. 

Back to School
Jim Astrachan is back in the classroom at University of Maryland School of Law, where he teaches Trademarks and Unfair Competition. This is Jim’s 7^th year teaching this course.

18^th Annual MSBA Charity Event
The Young Lawyers Section of the Maryland State Bar Association will host the 18^th Annual MSBA Charity Event to benefit the Maryland Network Against Domestic Violence. This year’s event will be held at 7:00 PM on Friday, March 13 at La Scala restaurant in Little Italy. The Maryland Network Against Domestic Violence (“MNADV”) was established in 1980. Its mission is to eliminate domestic violence in Maryland through education, training and advocacy. The proceeds of this event will be exclusively dedicated to creating safety kits for distribution by the MNADV. Your contributions will greatly assist in combating domestic violence.
Meredith Martin and Julia Carolan co-chair the Activities Committee for this event. If you would like to attend this event, you can purchase tickets online at https://www.msba.org/forms/event/yls09form.asp.

Eastern Shore News
Watch out, Eastern Shore, AGT is here to stay. Not only do we now have an office in Chestertown, but we’re also bringing some of our best seminars to our neighbors on the shore.
On January 22, we teamed up with the Upper Shore SCORE Chapter 670 and the Chambers of Commerce of Kent and Queen Anne’s Counties for a breakfast workshop at the Chestertown Visitor’s Center, where Donna Thomas presented “Legal Tips for Small Businesses.” This seminar provided practical and valuable tips in the following areas: (1) why and when you should form a legal entity to conduct business; (2) key provisions to negotiate in business contracts; (3) business succession planning to avoid costly shareholder disputes; (4) employment law essentials; and (5) protecting your intellectual property. If your group is interested in “Legal Tips for Small Businesses,” please contact Shannon Lancaster at [e-mail].
On March 20, Julie Rubin will present “What to do When Your Employee Leaves for a Competitor” at the Kent Narrows Restaurant in Grasonville, MD. This seminar will discuss the enforceability of non-competition agreements and other restrictive covenants, protection of trade secrets and other confidential, proprietary information, and will answer questions about employee poaching and other risks employers face when an employee defects to a competitor. The seminar will be held at 6 p.m. at the Kent Narrows Restaurant at 3023 Kent Narrows Way South, Grasonville, MD 21638. Wine and cheese will be provided. If you would like to attend, please RSVP to Shannon Lancaster at [e-mail].


ABA YLD Midyear Meeting in Boston
Meredith Martin attended the ABA Midyear Meeting of the Young Lawyers Division in Boston held February 12 through 14.  As a member of the National Conferences Team for the Young Lawyers Division, Meredith helped to organize events and provide resources to first-time conference attendees, attended CLE seminars, and met with lawyers from across the country. 


Ads That Should Not Have Run
“Ads That Should Not Have Run” is back in full force (did it ever leave?). Check the dates below to see if it will be playing in a city near you. If it’s not coming to a theater near you and you are interested in a presentation for your group, please contact Shannon Lancaster at [e-mail].
February 24 - MSBA 2009 Official Mid-Year Meeting, Jamaica, Mon.

March 23 - Lehigh Valley Chapter, American Advertising Federation.

May 7 - WESFCCA Chapter (Westchester Co., NY and Fairfield Co., CT), American Corporate Counsel.

Let’s Go to Jamaica, Mon!
Jim and Julie will be attending the MSBA 2009 Official Mid-Year Meeting in Runaway Bay, Jamaica. But it won’t be all sun and fun for these two. Jim will present “Ads That Should Not Have Run,” where he will explain to fellow bar members how not to use names, trademarks and copyrights. This talk promises to be a multi-media tour de force on how to avoid the legal pitfalls of advertising.
Julie will present her seminar titled: “When a Client’s Employee Becomes the Competition: How to Avert Commercial Disaster and Protect Your Client’s Business.” This seminar will explore how to help clients avoid the commercial disaster that results when an employee leaves to work for the competition or to become the competition.  Beginning with the ABCs of an employee’s common law duty of loyalty, this seminar will examine restrictive covenants (non-competition, non-solicitation and non-disclosure agreements), including drafting tips and their enforceability, as well as protection of trade secrets, and other proprietary and sensitive business information. 

IP Deskbook for the Business Lawyer 
Meredith Martin has authored a chapter on insurance and intellectual property in for the ABA’s Intellectual Property Deskbook for the Business Lawyer. The ABA will publish the new edition this summer.

SSSHH!
Peter and Julie are back in the classroom again, but this time, they’re not in the corner.  They are teaming up for the fourth time to teach Trade Secrets law as adjunct professors at the University of Maryland School of Law.  We would tell you more about it, but we’d have to get you to sign a non-disclosure agreement.

A Philadelphia Lawyer in Our Midst
Kudos to Julie for being admitted a member of the bar of the Commonwealth of Pennsylvania. 

Lock Her Up!
Julia Carolan is going to jail! But don’t worry, it’s for charity. On April 1, Julia will participate in the Muscular Dystrophy Association’s Lock-Up event. She will be arrested and put in jail until her bail is posted, which means she’s going to need your help. If you would like to make a donation to the MDA to post Julia’s bail, please visit https://www.joinmda.org/baltimore09/jcarolan. We’d really appreciate it. We kind of like having her around.

Attorney Grievance Commission
Julie Rubin has been appointed to the Peer Review Panel of the Attorney Grievance Commission of Maryland. The panel reviews charges brought against lawyers by Bar Counsel and makes recommendations to Bar Counsel regarding the disposition of these cases. Jim also sits on the Peer Review Panel. Will they serve on the same panel? Yikes.




He’s Been in Starkfield Too Many Winters

By: Jim Astrachan

A friend of mine runs an advertising agency with offices in New Jersey and NYC. He has about 60 employees, owns all the stock and is involved in every decision of consequence. In fact, very little happens that he does not approve, and any employee who bucks this unwritten policy doesn’t last long. For a small agency he has some really good clients and his people work on some very important and interesting matters. Recently, we met at his Manhattan office to catch up on a few things that needed attention. I asked him what was new and he became really animated as he discussed his firm’s latest project, undertaken on behalf of an international consumer company, some of whose advertising his agency creates.

http://www.agtlawyers.com/resources/articles/2008%20articles/Starkfield.pdf

Supreme Court May Hear PMPA Case

By: Peter Gunst

Unquestionably, the most significant open issue concerning the Petroleum Marketing Practices Act is the scope of the statute. How broad are its protections? Is the Act implicated only if a dealer receives a formal notice of termination or nonrenewal from his or her supplier, or may the dealer use the Act to challenge supplier conduct, which – as a practical matter – threatens the dealer’s financial survival? Stated otherwise, what if any protection does the Act provide in instances of “constructive” – as opposed to “actual” – termination or nonrenewal?

http://www.agtlawyers.com/resources/articles/2009%20articles/SSDA%20January%202009.pdf

Avoid a Beating By Your Business Software

By: Julie Rubin

I don’t know why, but autumn’s chill makes me think of steamy, hot biscuits. But not just any old biscuits. They’ve got to be Maryland Beaten Biscuits. Just flour, salt, water and, of course, lard. (Say what you will about lard, but until you’ve experienced the sinful splendor of a lofty lard biscuit, keep your comments to yourself.) Quite literally, you beat the heck out of the dough for about 20 minutes with a mallet to pump air into the dough before baking. Seriously. Get yourself good and angry, and whip up a batch of these beaten beauties. Add a pat or two of salted butter. Now you’re talking.

http://www.agtlawyers.com/resources/articles/2008%20articles/SmartCEO%20Dec08.pdf

Orphan Works Out in the Cold For Now

By: Frank Morgan

Orphan works legislation was passed by the Senate in September 2008, but the House of Representatives failed to act on it before adjourning. The U.S. Copyright Office has been working on the orphan works issue since 2005, however, and it is expected that Congress will revisit orphan works again this year. An orphan work is a copyrighted work whose owner cannot be found to negotiate a license for use of the work. The Senate legislation, known as the Shawn Bentley Orphan Works Act of 2008, would have placed limitations on the judicial remedies available to a copyright owner who later resurfaces and demands compensation for the use of his or her work. The user of an orphan work would be required to have exercised good faith in conducting a diligent search for the owner prior to using the work without permission in order to take advantage of the limited remedies proposed in the bill.

http://www.agtlawyers.com/resources/articles/2009%20articles/Orphan%20Works.pdf

FTC Issues Ad Guide

By: Jim Astrachan

On Halloween, the Federal Trade Commission issued its most current pronouncement for keeping your ads legal: Frequently Asked Advertising Questions: A Guide for Small Business. I guess that the banks and automakers get the bailout; small businesses get the Guide, but I don’t understand why the FTC intended that the Guide be limited to only small businesses inasmuch as the rules discussed pertain to businesses of every size. The Guide is very useful, and perhaps the most important info it contains are the types of advertising claims that really attract the FTC’s attention.

http://www.agtlawyers.com/resources/articles/2009%20articles/FTC%20Issues%20Ad%20Guide.pdf

Marcoux Revisited – Integration Provisions

By: Peter Gunst

Last month’s article concerned the Supreme Court’s apparent interest in reviewing the important Petroleum Marketing Practices Act issues recently addressed by the First Circuit Court of Appeals in Marcoux v. Shell Oil Products Co., 524 F.3d 33 (1^st Cir. 2008). In that decision, the First Circuit ruled that an aggrieved dealer may pursue a claim for constructive termination, but not for constructive nonrenewal, if his or her business is substantially impaired by supplier misconduct. In other words, a dealer may claim that his or her franchise was effectively, if not literally, terminated but cannot sign a franchise “under protest,” and then claim that its terms were so onerous that he or she was, in actuality, nonrenewed. The Supreme Court presently is considering whether to review either or both issues.

http://www.agtlawyers.com/resources/articles/2009%20articles/SSDA%20February%202009.pdf

Lay Off the Desserts

By: Julie R. Rubin

“I’ll have the steamed brown rice with tofu and mixed vegetables. Oh, and no sauce, please.” “No, no appetizer, thanks.” This was no way to ring in the New Year, but after weeks of deep sea diving in the jumbo tin of caramel popcorn from my favorite court reporting company, sucking down ooey gooey Fairytale Brownies sent by my buddy Dean (Have you tried these things? I’m a wretched addict.), and convincing myself that those little berry tarts with pastry cream count as a serving of fruit, let’s just say my 501s won’t be seeing the light of day for a while. I had allowed the holiday season to have its way with me, but no more. So, there I sat – my husband slurping down his pork lo mein while I picked at what might as well have been a plate of twigs and bark. And then the phone rang. Thank God.

http://www.agtlawyers.com/resources/articles/2009%20articles/SmartCEO%20Jan09.pdf

Finally! Here’s the Contest Question…..

(The first right answer wins a $25 Gift Certificate to Borders!)
What is the sinful ingredient in Maryland Beaten Biscuits?
Submit your answer to Shannon Lancaster at [e-mail]

Contest Rules:

1. When you enter, you agree to these rules.

2. Multiple entries are permitted, but only one prize to an entrant, ‘cause that’s all we’re giving.

3. We can announce you as the winner in a future newsletter. If you are a known celebrity or an Oscar^® winner, we will use your photo. Oh yes, we will. If you are a competitor who reads our newsletter, we may or may not use your name. If you are a convicted felon, we probably will not. We may even change your name. At any rate, do you really want the association?

4. There will be ONLY ONE winning entry. Unless we change our minds.

5. All decisions are final.

6. No purchase necessary.

7. Void where prohibited. You know what that means. If not, you need to call us before you plan a contest.

Good Luck!



Attention Event Planners!
Astrachan Gunst Thomas, P.C. not only protects, we teach.

Our attorneys lecture nationally and teach at the University of Maryland School of Law

and the University of Baltimore. If you have an event, conference or meeting coming up

and need an engaging speaker to discuss intellectual property, business, or employment and management issues relevant to your business or industry, please contact Shannon Lancaster at

[e-mail] for seminar planning and topic details.


The Law of Advertising

Authors: James B. Astrachan

and Donna M.D. Thomas

Published by

For more information and to order your set, visit http://bookstore.lexis.com/bookstore/product/10267.html

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www.aboutadvertisinglaw.com and www.aboutfalseadvertising.com
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Contact: [e-mail]

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