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A federal district court in Manhattan sanctioned a lawyer and his client for pursuing in bad faith claims against the company that holds the rights to the work of Edgar Rice Burroughs, the creator of Tarzan. Estate of Hogarth v. Edgar Rice Burroughs Inc. (ERB), 00 CIV. 9569 (DLC).
The estate of Burne Hogarth, a renowned illustrator of Tarzan stories, sued for a share of about $15 million in licensing fees paid to ERB by the Walt Disney Co., which produced a 1999 animated feature based on the Tarzan stories. The estate was represented throughout by David Smallman, now a litigation partner at Piper Rudnick, and a changing cast of co-counsel.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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