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The primary goal of a lawyer who sends a cease-and-desist letter typically is to warn the recipient to stop engaging in activities the sender claims violate the lawyer’s clients’ rights or, failing to cease, be served with a lawsuit. If litigation occurs, cease-and-desist letters can play a significant role in the lawsuit proceeding, from whether there is an “actual case or controversy” to whether the court has personal jurisdiction over the parties.
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By Stan Soocher
State “anti-SLAPP” statutes offer a fertile avenue for motions to strike allegations in lawsuits filed over expressive content. These laws are aimed at allowing a defendant to file a motion to strike a “Strategic Lawsuit Against Public Participation,” such as those based on public comments and content issued by a defendant. The most-recent significant anti-SLAPP court decision involving the entertainment industry was issued in December 2021 by the California Court of Appeal.
By Richard Assmus, Matthew Wargin, Monique Mulcare and Danielle Corn
This article seeks to explain the scope of §365(n), then touches upon steps that intellectual property licensees can take to minimize the loss of the use of their licenses, such as those involving copyrights in entertainment content, in the event a licensor files for bankruptcy.
By Scott Graham
The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.
By Phillip Bantz
Being a general counsel for a professional sports team is a coveted gig, but it’s also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.