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Under certain circumstances, an oral agreement may constitute an enforceable settlement agreement. In a case brought against former baseball player Lenny Dykstra by a social media ghost writer, the U.S. District Court for the Southern District of New York has offered the additional lesson that a writing other than a formal settlement agreement may constitute an enforceable agreement — even if one of the parties expects that additional “standard” provisions will be added to the agreement. Put another way, a party’s expectation that “standard” provisions, such as a general release, will be included in a settlement agreement will not necessarily prohibit enforcement of a settlement if they aren’t; such provisions will not be “implied” in the agreement if they are not contemplated by the parties’ writing.
By Bruce Goldner
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
By Stan Soocher
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn’t require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word ‘elect’ does not by itself require formal procedures.”
A federal judge in Camden, NJ decided that a Christian rock band’s management, talent agent and lead singer weren’t vicariously liable for the sexual assault of a teenage fan committed by a member of the band.
By R. Robin McDonald
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network’s 2015 investigation of infant deaths at a Florida hospital.