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In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19. Federal District Judge Amos Mazzant of the Eastern District of Texas ruled that Cinemark Holdings’ allegations that COVID-19 entered its facilities — infecting 1,700 employees and physically changing the content of the air — were enough to survive Factory Mutual Insurance’s arguments that the case should face an early dismissal. Cinemark Holdings Inc. v. Factory Mutual Insurance Co., 4:21-cv-00011.
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Force Majeure Clauses Are Taking Center Stage In Uncertain Times
By Michelle Davis
Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
Impact of New U.S. Guidance for O-1B Visa On TV and Movie Industries
By George Ernst
This year’s update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
Termination Notices and Copyright Act Claims Accruals
By Thomas Kjellberg and Robert W. Clarida
Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.
By Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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