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Features

ESports Streaming Deal Part of Law Firm Practice Aims Image

ESports Streaming Deal Part of Law Firm Practice Aims

Patrick Smith

It's a deal that provides a potential look into a future where esports, like traditional sports before them, provide a potentially lucrative practice area for firms that want to plant a flag in that plot.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Artist's Parents Get Dispute With Manager Sent to Arbitration Reasons for Approval of Pro Hac Vice Application in Music Litigation Third Circuit Knocks Down Right of Publicity Claim Over Character in Gears of War Video Game

Columns & Departments

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Upcoming Events

ssalkin

TexasBarCLE 30th Annual Entertainment Law Institute Nashville Bar Association Annual Entertainment, Sports & Media Law Institute

Features

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger? Image

Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?

Alan Friedman

Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.

Features

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage Image

Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage

Robert Storace

More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.

Features

Global Perspective On Filing Trademark Registrations Image

Global Perspective On Filing Trademark Registrations

Peter E. Nussbaum & Neha Bhalani

The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.

Features

Methods for Trademark Valuations Image

Methods for Trademark Valuations

Stacey C. Kalamaras & Henry Kaskov

Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.

Features

CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court Image

CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court

Alaina Lancaster

Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.

Features

Upcoming Event Image

Upcoming Event

ssalkin & ljnstaff

28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.

Features

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act Image

In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act

Stan Soocher

In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.

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    Insiders (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.
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