Elizabeth Kluger Cooper and Kimberly C. Jones
Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.
Without Contractual Consent to Inspection, Lack of Protest Doesn’t Excuse Landlord’s Trespass
Resulting Trust Found Where Commercial Property Held in Just One Partner’s Name
Neil J. Rosini and Michael I. Rudell
These times are heady for creators of books and stories that may be suitable for television production. In addition to the traditional broadcast networks, a legion of pay and basic cable exhibitors and, more recently, direct-to-consumer streaming outlets are voraciously licensing product from those creators. Much press is given to the compensation aspects of the creators’ agreements with exhibitors, but attention also should be paid to the extent and duration of the exhibitor’s exclusivity in the property in which rights are being acquired,
Michael I. Rudell and Neil J. Rosini
It is rare that a hit network television series is cancelled, as recently occurred with the ABC series Roseanne. But when that happens, the immediate and long-term implications for the network, producers, talent and other entities related to the series can be significant.
Kelly D. Stohs and David P. Vallas
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
Kelly L. Frey Sr.
While thousands of films are made each year in the United States and Canada, less than 800 were theatrically released in 2017, with many exceptional films failing to obtain commercial distribution because of legal issues.
Agreeing to arbitration was supposed to be as easy as clicking a button, but Live Nation was unable to show that a man seeking to sue the company actually clicked any of the buttons indicating his consent to arbitrate.
At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood’s elite could use to require studios and other partners to employ diverse workers on set.
Attorneys who sued “Despacito” artist Daddy Yankee for defamation should have heeded the song’s title and drafted their settlement offer slowly, a federal appellate court ruled.
Richard Raysman and Peter Brown
Trade secret protection applies only to confidential information. In almost all circumstances, broadcasting to the world the intricate details and applications of a trade secret extinguishes whatever “property right” an entertainment industry holder once possessed. What is a sufficient method of contractually notifying a software user of the trade secret status of certain information is a closer question.