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Features

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal Image

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal

Ellen Bardash

In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

DGA's "Qualification List" Isn't a "Labor Organization" Under Georgia Law Unlicensed Use of Van Halen Photo in Conjunction With Museum Exhibit Ruled Fair Use

Features

Recent Court Views on "Making Available" Controversy in Copyright Infringement Image

Recent Court Views on "Making Available" Controversy in Copyright Infringement

Stan Soocher

Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

Features

Does Insurance Policy Cover Media Office COVID-19 Closure? Image

Does Insurance Policy Cover Media Office COVID-19 Closure?

Howard B. Epstein & Theodore A. Keyes

According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.

Features

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case Image

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case

J. Alexander Lawrence

Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

Features

Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly Image

Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly

Dan Packel

Three-on-three basketball league Big3, co-owned by hip hop artist and actor Ice Cube, quietly abandoned a lawsuit accusing the law firm Quinn Emanuel Urquhart & Sullivan of putting its lucrative relationship with the Republic of Qatar ahead of its attorney-client obligations to the fledgling sports project.

Features

Defense Counsel Discuss Outcome in Dance Steps Case Image

Defense Counsel Discuss Outcome in Dance Steps Case

Jenna Greene

Kirkland & Ellis has notched a win in cutting-edge litigation that questions the protectability of dance steps, what constitutes choreography and the relationship between copyright, and right of publicity and trademark law.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Right of Publicity Laws Don't Pierce CDA Immunity Shield Second Circuit Affirms Dismissal of Wolf of Wall Street Defamation Suit

Features

Federal Appeals Courts Weight in On Accruals for Copyright Infringement vs. Ownership Claims Image

Federal Appeals Courts Weight in On Accruals for Copyright Infringement vs. Ownership Claims

Stan Soocher

The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn't always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.

Features

Davis Wright Forms Entertainment Industry Reopening Advisory Group Image

Davis Wright Forms Entertainment Industry Reopening Advisory Group

Dylan Jackson

As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.

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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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