Can a publisher settle a frivolous claim and come after me even though it wasn't proven that I breached my warranty?

Sure, that is possible. For example, and from what I understand, in CA the court will allow the indemnified party to be covered for legal expenses...

If an unpublished written piece is given to someone (the original) can the copyright later be transferred?

I agree with my colleague. Your facts do not indicate any intention on the part of the author to transfer IP rights to his work only that he gave...

Who owns the copyright of military emblems of countries or governments that no longer exist?

Each one needs to be taken individually as noted. In the US, federal copyright material is almost always in the public domain, but there are...

As noted, no. the federal E-SIGN Act gives electronic contracts and signatures validity. All that matters to courts is that assent can be shown and...

Can I name a band after a permanently closed business?

That is likely not a problem, but in an internet age even bands need to be aware of trademark rights. Just because this one business is no longer...

Can I use the image of a Disney character for personal use at home?

As noted, personal use is never going to be an issue. Any damages would be considered de minimus by the courts and Disney is not policing their fan...

Am I in breach of contract due to non-compete clause if the other party has had significant delays in payment for 1+ yr?

Obviously you need to have the entire agreement reviewed properly along with all the facts and circumstances. You received some good responses, but...

Client stole site I created for them. Sent Web Host a proper dmca notice. No regard at all..

I agree with Attorney Cernyar here. These cases are almost always going to default to a breach of contract claim not an IP claim. This was a work...

I have an idea for a new kind of food service and am not sure what is the best way to protect it from copycats.

Let me cut straight to the brass tacks, you cannot protect a business concept or "idea." If that were possible, we would only have a dozen or so...

The odds that a patent will add value or be economically viable for an app these days are probably pretty slim, but always worth have that...