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Approximately 30 states have enacted anti-SLAPP statutes, which are intended to deter lawsuits that impede the right to free speech and other related activities. Essentially, these statutes attack SLAPPs (Strategic Lawsuits Against Public Participation) by creating a vehicle through which defendants can protect their rights by filing a dispositive motion to dismiss at the earliest stage of a case, before enduring expansive and invasive discovery. Arguably the most significant aspect of many anti-SLAPP statutes is that a movant who files a successful motion to dismiss could be entitled to its attorney fees. Undeniably, that aspect alone provides tremendous value to media outlets, publishers, public figures and others.
Film and Music Cases Result in Different Outcomes for Default Judgment Motions
By Stan Soocher
Non-payment of monies is an all-too-common complaint in the entertainment industry, with frustrated plaintiffs in many cases seeking default judgments against defendants who fail to respond to lawsuits seeking payment. Two new Central District of California federal court decisions illustrate — after the judges sort through the factors for determining whether to grant a default judgment — how consideration of the amount of money at issue resulted in different outcomes on whether to enter a default judgment.
By Stan Soocher
We sadly note the November passing of long-time Entertainment Law & Finance editorial board member Jay Rosenthal.
Photo Cases Test Copyright Law and Embedded Tweets
By Raychel Lean
A New Yorker who settled a copyright lawsuit against several news outlets over a photo he took of star quarterback Tom Brady and Boston Celtics manager Danny Ainge has struck again. This time he’s suing a radio station owner in Florida federal courts in a case that could test the boundaries of an emerging area of copyright law, raising major questions about how media companies incorporate social media posts into online stories.
A Primer for Forming Loan-Out Corporations
By Maxwell Briskman Stanfield
In the entertainment industry, it can take years for actors, musicians and others to reach a point where their efforts begin bringing in a notable return. If and when these types of clients begin to make a consistently significant income, one method that deserves consideration for protecting the hard-earned pay is to organize a loan-out corporation.