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All agreements rely on a mix of provisions to achieve the contracting parties’ objectives. Some of these provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate-stock, uncustomized language usually reserved for more routine aspects of the contract, such as integration and construction clauses and disclaimers of third-party beneficiaries. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp., one of the largest U.S.-based cable operators, led to a serious dispute — and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.
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By 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?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By 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.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By 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.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.