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Commercial Law

  • The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

    September 28, 2011Scott J. Friedman and Mark G. Douglas
  • Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy
    Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement

    September 28, 2011Stan Soocher
  • As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in Marvel Worldwide v. Kirby, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.

    September 28, 2011Daniel C. Glazer and Daniel P. Ashe
  • In the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.

    September 28, 2011Stan Soocher
  • If you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.

    September 28, 2011Mark Stankevich
  • The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.

    September 28, 2011Douglas M. Mansfield and J. Todd Kennard
  • Recent news of interest to you and your practice.

    September 28, 2011ALM Staff | Law Journal Newsletters |
  • Thanks to the Internet, e-closings (and traditional closings) have become quite streamlined. The most sophisticated deals are done in virtual deal rooms that allow multiple parties secure, controlled access to documents and procedures for signing the documents. But there is a definite negative impact.

    September 28, 2011Stanley P. Jaskiewicz
  • On Oct. 16, 2007, the Centers for Disease Control and Prevention (CDC), in Atlanta, issued a press release stating that, for the first time, Methicillin-resistant Staphylococcus auereus (MRSA) was killing more people than AIDS.

    September 28, 2011Brandon A. Swartz