This course provides an introduction to the pre-trial aspects of entertainment litigation. Civil litigation is the single most popular area of practice among attorneys. Litigation attorneys, also known as "litigators" or "trial lawyers," represent plaintiffs and defendants in civil cases and manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal.
Matters commonly litigated in the entertainment industry include copyright infringement, trademark infringement, breach of contract or implied contract, defamation, invasion of privacy, and violation of publicity rights. with disputes arising out of virtually all sectors of the business, including film, television, music, technology, media, art, fashion and sports.
As the fundamental elements of entertainment litigation are too voluminous to be covered in a single course, this course covers the pre-trial process, leaving trial issues to be addressed in a general trial advocacy course.
Following the completion of this course, students should be able conduct a chronologically linear analysis of the various pre-trial actions associated with entertainment litigation, including demand letters and mediation, pleadings commencing the action (such as complaints or demands for arbitration), responsive pleadings such as answers, demurrers and motions to dismiss, discovery, consultation with clients, engaging expert witnesses, attending pre-trial conferences and the development of trial strategy.
There is an emphasis on actual entertainment cases which have been arbitrated or litigated in federal and state courts.
Prerequisite: Copyright Law (538)