Publications
Non-Disclosure Agreements for Talent in California
Reality TV contestant Renee Poche is being sued by the production company, Delirium. How will this case affect the future of NDAs in California?
By Lydia Kautsky
Chances Are Close to “Nil”: Limits to International Collegiate Players’ NIL Rights & Employment
A discussion of collegiate players' compensation and NIL rights under the NCAA.
By Lauren Cho
California's AB 2751 Proposes "Right to Disconnect" for Employees
California Assembly Bill 2751 proposes a "right to disconnect", which would grant employees a statutory right to ignore their employer outside of written, agreed upon working hours.
By Krista Hiner
Where Did The Music Go?
A summary of the basics of music licensing through the lens of Universal Music Group’s dispute with TikTok.
By Lydia Kautsky
Fixing Esports Finances: A Salary Cap Course Taught By Traditional Sports
A piece on salary caps in esports, comparing pro sports & describing the challenges of collective bargaining, antitrust, corporate, and employment law.
By Harris Peskin
The Esports Reckoning
Esports are in a period of reckoning— but are brighter days ahead? This essay series from long-time industry insiders gives an insightful and unprecedentedly candid look behind the curtain of the business of professional video game competition and its $200B+ parent industry.
By Bryce Blum
Substantial similarities in copyright law: what Barbie v. Bratz can teach us about Pals v. Pokémon
A discussion of the copyright substantial similarity test from Mattel v. MGA (Barbie v. Bratz) as applied to Palworld and Pokémon.
By Yen-Shyang Tseng
Understanding Nintendo's Licensed Tournament Guidelines
In this article we cover Nintendo's Licensed Tournament Guidelines, and what organizers can do to ensure compliance while applying for, and after receiving, a tournament license.
By Harris Peskin
The H3CZ Scump Activision Lawsuit A Lawyers Perspective
An anti-trust and intellectual property analysis of the HecZ and Scump lawsuit against Activision Blizzard.
By Harris Peskin
2024 Prediction: new year, new business model trend for games companies
We predict that following the unprecedented gaming layoffs in January 2024, we'll see a trend of new games companies adopting more equitable, worker-friendly models, such as the worker cooperative model.
By Krista Hiner
When is Your Tattoo Not Really YOUR Tattoo?
Ongoing litigation from a tattoo artist who has inked professional NBA players challenges the rights that those players have to license their image and likeness, including the tattoos on their bodies, for use in video games.
By Krista Hiner
2024 Updates to California Employment Laws
A summary of several new California laws and amendments that, effective January 1, 2024, will change employers' obligations and how certain cases are handled.
By Krista Hiner
Developers Thinking Ahead: Reserve Control Over Adaptations of Your Game
The recent increase in film/series adaptations of video game intellectual property serves as a reminder to developers to be cautious about what adaptation rights they grant to games publishers and other third parties.
By Krista Hiner
Unionization in Esports
A discussion of the legal hurdles surrounding unionization in esports and the traditional sports caselaw on the subject.
By Harris Peskin
FTC Votes to Effectively Ban Non-Competes
On April 23, 2024 the FTC voted to effectively ban non-competes nationwide for workers and senior executives.
By Krista Hiner
Federal Overtime Pay Eligibility Expanded
Effective July 1, 2024, and again January 1, 2025, the salary minimums required to classify an employee as exempt from overtime pay under federal law will increase. Employers are encouraged to start planning now for compliance.
By Krista Hiner
LEGO/Fortnite Islands and Branded UGC
A high level look at the recent Lego/Fortnite partnership announcement, branded UGC, and a sample of legal considerations for UGC developers.
By Krista Hiner