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Entertainment Law & Finance
Executive Producers’ “Most Favored Nations” Clauses Could Be Applied to Walking Dead Series Producer’s Profit-Participation Settlement
Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
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Entertainment Law & Finance
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
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The Bankruptcy Strategist
Seventh Circuit Applies Safe Harbor to Private Securities Transaction
Michael L. Cook
“… [T]he term ‘securities contract’ as used in [Bankruptcy Code] §546(e) unambiguously includes contracts involving privately held securities,” The Seventh Circuit held in Petr v. BMO Harris Bank, N.A.
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New York Real Estate Law Reporter
The Guaranty Law Continues to Divide Opinion
Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
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The Intellectual Property Strategist
Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
Thomas Kjellberg and Robert W. Clarida
In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.
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Entertainment Law & Finance
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
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The Bankruptcy Strategist
Ninth Circuit Bankruptcy Appellate Panel: 523(a) Discharge Exceptions Don’t Apply to Corporate Debtors Under Subchapter V
Lawrence J. Kotler and Elisa Hyder
In Lafferty v. Off-Spec Solutions, the U.S. Bankruptcy Appellate Panel of the Ninth Circuit held that the discharge exceptions under Section 523(a) do not apply to corporate debtors under Subchapter V of Chapter 11 of the Bankruptcy Code.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
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The Bankruptcy Strategist
Merchant Cash Advances Could Be More Trouble Than They’re Worth
Joseph Pack and Jessey Krehl
As small-business owners have continued to struggle in an uncertain economy, a growing number have begun the dangerous practice of relying on merchant cash advances — essentially seeking financial shelter in a lion’s den.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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The Bankruptcy Strategist
Biotech Industry Bankruptcy Case Update: ‘Zymergen’ and ‘Humanigen’
Edward E. Neiger, Marianna Udem and Joo Hee Park
This Bankruptcy Case Update focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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The Intellectual Property Strategist
IP News
Justin Tilghman and Howard J. Shire
Appeals Court Backs Nickelback In Copyright Infringement Case
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Amazon Didn’t Exceed Scope of License to Stream Chinese Drama
California Talent Agency’s Lawsuit in Texas Won’t Be Stayed Pending Proceeding Before California Labor Commissioner
King Holmes Fires Back at Band’s Legal Malpractice Complaint
No Substantial Similarity Found Between TV Show Abbott Elementary and Plaintiff’s Teacher-Focused Treatment for Proposed TV Series
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Commercial Leasing Law & Strategy
NYC Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant’s default initially arose during the Guaranty Law’s window period, but persisted after its expiration.
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Entertainment Law & Finance
U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages
Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
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Entertainment Law & Finance
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
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The Bankruptcy Strategist
Landmines In Bankruptcy Appellate Practice, Part III
Michael L. Cook
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers’ errors, filled in statutory gaps, or clarified the relevant statutory language.
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New York Real Estate Law Reporter
Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
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Entertainment Law & Finance
Counsel Concerns
Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
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The Bankruptcy Strategist
A Strategic Guide for Lenders to Navigate Anticipated Distressed Loan Fallout
Jay Steinman and Karina Leiter
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals
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Entertainment Law & Finance
Players On the Move
Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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The Bankruptcy Strategist
Analysis of Recent Real Estate Sector Bankruptcy Rulings
Andrew C. Kassner and Joseph N. Argentina Jr.
Analysis on distressed real estate cases that present different issues. One involves the debtor’s sale of real estate over the objection of the secured lender. The other involves a debtor’s attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and Collin Hong
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337
Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
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New York Real Estate Law Reporter
Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief
Quiet Title Claim Dismissed When Claimant’s Deed Was the Product of Scrivener’s Error
Action to Remove Cloud On Title Not Barred By Statute of Limitations
Obstruction of View Not a Nuisance
Unrecorded Easement Binding On Servient Owner With Actual Notice
Nominal Damages Available for De Minimis Encroachment
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Entertainment Law & Finance
Bit Parts
Stan Soocher
Justin Timberlake Appeals After His Anti-SLAPP Motion Fails to Stick In Documentary Deal Litigation
Texas Federal Magistrate Finds California Unfair Competition Claim Should Be Ejected from Litigation Between Talent Agencies and That Dispute Should First Be Heard by California Labor Commissioner
TV/Film Development Software Can Be Trade Secret
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The Intellectual Property Strategist
All the News That’s Fit to Pinch
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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The Intellectual Property Strategist
IP News
Howard Shire and Justin Tilghman
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
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The Bankruptcy Strategist
Landmines In Bankruptcy Practice, Part II
Michael L. Cook
By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year.
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Entertainment Law & Finance
Can Anti-SLAPP Motion Denials Be Immediately Appealed?
Avalon Zoppo
In a move of keen interest to the entertainment industry, the full U.S. Court of Appeals for the Ninth Circuit has agreed to review whether a judge’s denial of a motion to strike a California Strategic Lawsuits Against Public Participation suit can be immediately appealed by the defendant who claims the case was brought solely to chill its speech.
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The Bankruptcy Strategist
DE Bankruptcy Court Decision Provides Reminder of Potential Consequences of Violating the Automatic Stay
Mark E. Felger and Simon E. Fraser
An opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
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How New York Times’ Lawsuit Over AI Software Copying Differs From Prior Copyright Complaints
Isha Marathe
The New York Times’ copyright infringement lawsuit against OpenAI and Microsoft is said to be AI’s “Napster Moment.” But observers are torn about the case’s legal merits, citing differing views around how exactly AI “Large Language Models” are trained.
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The Bankruptcy Strategist
Could Mass Tort Bankruptcies Fall Apart in 2024?
Amanda Bronstad
Mass tort bankruptcies took some big hits in 2023, with two of them dismissed outright, and two more potentially hanging in the balance.
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The Bankruptcy Strategist
SCOTUS Looks for Remedy to Its Bankruptcy Fee Congressional Overstep Ruling
Jimmy Hoover
The U.S. Supreme Court on January 9 debated the proper remedy for its 2022 ruling that Congress violated the Constitution when it imposed steep bankruptcy fee hikes on large debtors in some districts but not others.
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Entertainment Law & Finance
Fresh Filings
Entertainment Law & Finance Staff
Notable court filings in entertainment law.
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New York Real Estate Law Reporter
RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
Steven M. Silverberg
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel
Recorded Easement Was Abandoned
No Easement By Implication Where Parcel Had Water Access from a Different Lot
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Settlement Agreement Did Not Terminate Guarantor’s Obligation
Tenant Failed to Raise Question of Fact About Whether Building Contained Six or More Units and Was Therefore Subject to Rent Stabilization
Landlord Not Entitled to Future Rent from Tenant While Also Enjoying Possession
Guarantor Not Liable for Use and Occupancy
Read More ›
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Tortious Interference Claim Dismissed
Read More ›
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
City Had Authority Over Tree Removal on Privately Owned Streets
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The Intellectual Property Strategist
Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel’s
Conor Tucker
Last Term, the U.S. Supreme Court decided Jack Daniel’s v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts’ reactions and applications to that decision.
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The Bankruptcy Strategist
Three Things Trustees Should Know About Due Diligence in Preference Litigation
Brad Jones
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff’s complaint. While the law is still developing, there are three important takeaways for trustees to consider.
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Entertainment Law & Finance
Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
Stan Soocher
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
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The Bankruptcy Strategist
Split Second Circuit Narrows Bankruptcy Code’s Settlement Payment Safe Harbor
Michael L. Cook
The majority was sensibly concerned with the possible structuring of leveraged buyouts by artful counsel who would use a financial institution as a “mere conduit” to exploit the Code’s safe harbor.
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