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Features

Book Publishers' Lawsuit Against Amazon's Audible Image

Book Publishers' Lawsuit Against Amazon's Audible

Dan Clark

A coalition of publishers has sued Audible, the Amazon-owned audiobook company, over a new feature announced last summer that will display the text of a book to listeners while it's read to them by their device.

Features

Star Athlete's Trainer Loses Commission Bid Image

Star Athlete's Trainer Loses Commission Bid

Zach Schlein

A lawsuit alleging a former trainer was entitled to a portion of tennis star Naomi Osaka's lifetime earnings is out of play, after a Broward County, FL, Circuit Court judge dismissed the case.

Features

Security Worries for Online Video Game Companies Image

Security Worries for Online Video Game Companies

Victoria Hudgins

Fortnite video game developer Epic Games Inc. isn't just dodging digital adversaries — now it's been slammed with a class action lawsuit over a data breach.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Texas Court of Appeals Won't Let Former Lawyer for Matthew Knowles Use State's Anti-SLAPP Statute to Dismiss Knowles' Cross-Claims in Legal Fees Dispute

Features

The Interaction of International Law and U.S. Copyright–Assignment Terminations Image

The Interaction of International Law and U.S. Copyright–Assignment Terminations

Stan Soocher

That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.

Features

When Boilerplate, Customized Clauses Collide in Media Merger Deals Image

When Boilerplate, Customized Clauses Collide in Media Merger Deals

James H.S. Levine & Douglas D. Herrmann

Some contract provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp led to a serious dispute— and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.

Features

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks Image

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks

Brian R. Michalek

In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.

Features

11th Circuit Sides With Attorney Sued Over Prince Concert Snafu Image

11th Circuit Sides With Attorney Sued Over Prince Concert Snafu

Greg Land

The U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit claiming a Florida lawyer failed to follow through on a $75,000 deal to land the late mega-musician Prince for a 2012 gig.

Columns & Departments

Players on the Move Image

Players on the Move

ssalkin

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

CA Appeal Ct. On Defamation Claims Against Bill Cosby Image

CA Appeal Ct. On Defamation Claims Against Bill Cosby

Suzette Parmley

The California Court of Appeal, Second Appellate District, ruled in favor of actress and former supermodel Janice Dickinson in her 2015 suit against comedian Bill Cosby over comments his then-attorney Marty Singer made to the press.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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