Features
Like Kind Exchange for Equipment Lessors
If you dispose of an business asset and subsequently reinvest your sales proceeds to acquire a "like-kind" replacement asset of equal or greater value, then the recognition of taxable gain (along with the lessor's obligation to pay tax on that gain) is deferred until the replacement asset is sold or, in the case of subsequent follow on exchanges, until the replacement's replacement asset is sold in a taxable disposition.
Features
Big Talent Agencies as Defendants In Implied-in-Fact Contract Suits
An elite group of large talent agencies have earned reputations as gatekeepers to success in the film and television industries. Non-client writers and producers attempt to share in that success by becoming agency clients or by having their ideas, presentations and screenplays accepted by the agencies for their existing clients. The agencies' practice of "packaging" a combination of services for a single film or television project has enhanced their gatekeeping role.
Features
High Court Rulings On Spider-Man Toy, Rap Lyrics
In one of two recent U.S. Supreme Court rulings in cases the entertainment industry has followed, the High Court decided that the inventor of a Spider-Man web-shooting device cannot extend his reach for royalties beyond the expiration of his patent.
Columns & Departments
In the Marketplace
Who's going where; who's doing what.
Columns & Departments
Bit Parts
Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers<br>Owner of Original Woodstock Site Loses Equal Protection Suit<br>TV Show Appearance Release Bars Doctor's Suit over <i>Mob Wives</i>
Features
When a Factor Has Not Approved Orders
Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.
Features
Physician-Assisted Suicide
On Feb. 6, 2015, the Supreme Court of Canada issued a landmark ruling, overturning precedent only two decades after it held that Canadian citizens have the right to end their lives, but if done with the assistance of a physician, that physician could be held liable. This highly anticipated decision is expected to encourage the efforts of right-to-die advocates in the United States and abroad.
Features
Patent Reform Bills Target Patent Trolls
On Sept. 16, 2011, the America Invents Act became effective, including provisions directed at non-practicing entities, commonly known as "patent trolls." Many believe, however, that patent trolls are still a plague, and that more must be done to curtail abusive patent litigation. This has led to the introduction of several patent reform bills.
Features
Treatment of Social Media Accounts In Bankruptcy
In today's digital marketplace, understanding how the law applies to virtual assets is becoming as important as understanding how it applies to the brick-and-mortar world. Despite the importance of the Internet to commerce, however, it is still unclear how important provisions of bankruptcy law apply to certain virtual assets.
Features
Sirius XM Fends Off Turtles' Recordings Suit in Florida
After several defeats, Sirius XM Radio won an important ruling in its ongoing legal battle with the '60s rock band The Turtles.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›