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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
The root of the lawyer/client dispute was established 60 years ago, when Beach Boys band members Brian Wilson and Mike Love began co-writing such group hits as "I Get Around," "Help Me, Rhonda" and "California Girls." In 1989, Wilson sued Almo Irving Music over rights to dozens of these songs that the music publisher had procured in 1969 from Brian's father and Beach Boys manager Murry Wilson, who owned the music group's Sea of Tunes song catalog. Wilson won a $10 million settlement in the Almo Irving litigation.
Mike Love, who hadn't been formally credited as a co-author for songs he worked on with Wilson, then sued Wilson and Almo Irving, resulting in a 1994 jury verdict and parties' settlement agreement that gave Love $5 million, as well as co-writer credit and future songwriting royalties on 35 compositions.
In 1992, Love entered into an agreement to retain lawyers Michael J. Flynn and Phillip H. Stillman to serve, on a contingency fee basis, as Love's counsel in his litigation against Wilson. After the 1994 verdict/settlement, the Love/Flynn-Stillman agreement was updated to provide the lawyers with a 30% share of the $5 million their client had won and from Love's future co-writer royalties from the 35 songs.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.