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Entertainment Law & Finance
Ultra Music Festival Disputes Result in Decisions Within Days of Each Other
Stan Soocher
Only days after winning dismissal of an anti-trust lawsuit over its 2019 move to a new location in Miami, FL, for the Ultra Music Festival, Worldwide Entertainment lost its bid to reopen a court case over use of the “Ultra Music” brand for a festival overseas.
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Entertainment Law & Finance
High Court’s View of ‘Full Costs’ in Copyright Litigation
Scott Graham
A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, such as transcripts and fees for court-appointed experts and interpreters.
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Entertainment Law & Finance
U.S. Supreme Court’s Ruling on Copyright Registration
Robert J. Bernstein and Robert W. Clarida
The Supreme Court had granted cert in Fourth Estate to resolve a split in the federal circuit courts as to whether §411(a) of the Copyright Act could be read to allow commencement of an infringement action once a registration application filed with the Copyright Office is complete (the “application approach”) or, instead, only (subject to limited statutorily specified exceptions) upon issuance by the Copyright Office of the registration (the “registration approach”).
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New York Real Estate Law Reporter
Claim of Non-Purchasing Tenant Status Rebuffed
Deborah E. Riegel
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
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The Intellectual Property Strategist
The Supreme Court Finally Resolves An Old, Vexing Question: Does “Registration” Mean “Registration”? Answer: “Yes.”
James A. Trigg and Bethany R. Nelson
In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, the Supreme Court resolved a circuit split decades in the making by holding that a copyright is not “registered” within the meaning of the Copyright Act unless and until a registration certificate actually has issued.
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Commercial Leasing Law & Strategy
10 Categories of Provisions to Consider in any Commercial Lease
Alan Nochumson
Part One of a Two-Part Article
When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.
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New York Real Estate Law Reporter
Development
Cemetery Entitled to Use Variance
ZBA Usurpation of Planning Board Authority
Statutory Factors Need to Be Considered In Denial of Area Variance
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Entertainment Law & Finance
U.S. Studios Agree to End Geoblocking in Europe Union
Simon Taylor
Under the agreement, the studios and Sky UK will open up pay-TV markets, allowing consumers across the European Union to access to a wider range of content regardless of their location.
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Entertainment Law & Finance
GA Appeals Court Rules Rapper T.I. Not Liable for Attack at Studio
Katheryn Hayes Tucker
“What started off as a jam-packed week of parties, concerts, and watching renowned rappers mixing new music tracks in the waning days of summer abruptly ended with Norris Gresham being dragged down a flight of 30 stairs and viciously pistol whipped in front of a crowd of onlookers.”
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The Bankruptcy Strategist
Preference Attacks To Recover Prepetition Compensation Paid to Consultants of Troubled Companies
Paul A. Rubin and Hanh V. Huynh
Employees of a troubled company who stay on as consultants to assist in liquidating its assets or preparing the company for a bankruptcy filing may later be disappointed to face claims to claw back their prepetition compensation.
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Commercial Leasing Law & Strategy
Inheriting Tenants in Default?
Ira Fierstein and Michelle Palka
An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.
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Business Crimes Bulletin
FCA Cases: Convincing DOJ to Move to Dismiss
Jacqueline C. Wolff
Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.
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New York Real Estate Law Reporter
Eminent Domain
Condemnation Award Reduced
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The Intellectual Property Strategist
SCOTUS Agrees to Hear Case Determining Federal Registrability of Immoral and Scandalous Trademarks
Dana Justus and Monica Riva Talley
This case should determine the availability of federal trademark registration for “immoral” and “scandalous” marks – in this case, the acronym “FUCT” for a clothing line.
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The Intellectual Property Strategist
Monopolizing the Disruptive
Arthur Beeman
The Federal Circuit’s Threat to Software Innovation in the Oracle v. GoogleDecisions<
The Federal Circuit decisions in the Oracle v. Google copyright case rattled Silicon Valley not simply because the decisions upended software developers’ understandings of copyright law, but also because the decisions do not comport with the disruptive ethos of the technology industry.
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Entertainment Law & Finance
Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble
Jenna Greene
A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers’ online video purchases with Facebook.
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New York Real Estate Law Reporter
Real Property Law
Title Insurance Inducements
Purchaser’s Willful Default/Down Payment
Tortious Interference Claim Reinstated
Easement Scope
Mortgage Acceleration
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The Bankruptcy Strategist
Quasi-Bankruptcy Quagmires
Howard C. Rubin and Deirdre M. Richards
When Entities May Not Have a Filing Choice and How Creditors Are Impacted
This article explores the difficulties some entities have encountered in filing bankruptcies and how one organization used extraordinary civil remedies in an attempt to accomplish what reorganization under Chapter 11 of the United States Bankruptcy Code would have provided.
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Commercial Leasing Law & Strategy
A Clash Between ‘Free and Clear’ and Tenants’ Rights Under the Bankruptcy Code’s Section 365(h)
Albena Petrakov
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
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Business Crimes Bulletin
In the Courts
Kate Monks
The Ninth Circuit affirmed the majority of an $11 million jury verdict brought by a whistleblower who claimed that his company fired him for raising concerns about possible FCPA violations.
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The Bankruptcy Strategist
Take-Aways from the Sears Sale Process
Adam L. Rosen
As widely reported, the downfall of Sears was a slow-motion train wreck. Despite its unique size and complexity, however, some of the strategies and techniques used by the stakeholders in Sears can be applied in cases of any size.
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The Intellectual Property Strategist
IP News
Christine E. Weller
In celebration of International Women’s Day two years ago, State Street Global Advisors unveiled Fearless Girl at Bowling Green in the Financial District in Manhattan. Commissioned by State Street from the artist Kristen Visbal, the work has since become a part of the zeitgeist amidst global conversations about gender parity, diversity, and inclusion on a broader scale. Now, some two years later, Fearless Girl is raising additional intellectual property questions.
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Commercial Leasing Law & Strategy
Case Notes
First Court’s Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
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Business Crimes Bulletin
Business Crimes Hotline
Kate Monks
The former CEO of a pharmaceutical company was found guilty by a jury on eight counts of wire fraud affecting a financial institution for orchestrating a scheme that led to the collapse of one of Puerto Rico’s biggest banks.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
No Copyright Joint Work Found from Damon Dash’s Co-Directing Stint
Out-of-State Law Firm Let Out of Prince Recordings Litigation in Minnesota
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New York Real Estate Law Reporter
Landlord & Tenant
Landlord’s Improper Incorporation
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Cybersecurity Law & Strategy
Legal Tech: Winter 2019 E-Discovery Case Law Review
Mike Hamilton
As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today.
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New York Real Estate Law Reporter
Real Property Law
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
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New York Real Estate Law Reporter
Development
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
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New York Real Estate Law Reporter
Landlord & Tenant
Prior Judgment Does Not Bar Breach Claim
Accommodation of Disabilities
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New York Real Estate Law Reporter
Cooperatives and Condominiums
Right to Rooftop Space
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Entertainment Law & Finance
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
Stan Soocher
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court’s unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court’s pronouncement left questions and controversies in its wake.
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Entertainment Law & Finance
Decision of Note: Race Discrimination Claims Against Charter Cable Can Proceed
Ross Todd
The Ninth Circuit decided that a group of African-American-owned television networks can pursue racial discrimination claims against Charter Communications Inc., the nation’s third-largest cable provider.
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Business Crimes Bulletin
FCA and Statute of Limitations: A Puzzle for the Supreme Court
Jonathan S. Feld, Eric Klein and Andrew VanEgmond
The FCA is not a model of clarity. In a certiorari petition in United States ex rel. Hunt v. Cochise Consultancy, the U.S. Supreme Court will address an area of uncertainty that has led to a three-way circuit split regarding the FCA’s statute of limitations. Depending on the outcome, FCA defendants could end up facing even more claims up to a decade old or, alternatively, have a new limitation on FCA actions upon which to rely.
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Entertainment Law & Finance
Second Circuit Affirms ‘ReDigi’: No ‘Resale’ of Digital Music Files
Robert J. Bernstein and Robert W. Clarida
The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in Capitol Records LLC v. ReDigi Inc., affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
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Commercial Leasing Law & Strategy
'Sophisticated' Losers
Joseph I. Farca
Why Commercial Fraud Claims Sometimes Fail, and the Importance of Due Diligence
If a court decision called you “sophisticated,” it was probably not intended as a compliment, but instead signaled the death knell of your fraud claim.
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Business Crimes Bulletin
Eighth Circuit Rejects Ponzi Scheme Presumption to Protect Legitimate Loan Repayments
Michael L. Cook
In Stoebner v. Opportunity Finance, LLC, the U.S. Court of Appeals for the Eighth Circuit held that “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud — transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange.”
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Entertainment Law & Finance
Counsel Concerns: Lawyers Battle Over Gears of War Client
Lizzy McLellan
A Philadelphia lawyer is suing the founder of a fast-growing litigation boutique over a purported fee-sharing settlement, is arguing that the boutique backed out of the settlement so it could fund other cases against video game makers.
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The Bankruptcy Strategist
Don’t Set Me Off: No Triangular Setoff Among Affiliated Entities and a Debtor Counterparty
Adam C. Rogoff
In today’s global economy, companies often have multiple business lines operating through separate entities. Outside of bankruptcy, these affiliated operations sometimes transact in a holistic — albeit legally distinct — debtor-creditor relationship with their counterparty. But, as this article discusses, the legal separateness of affiliates can hinder economic protections that a creditor might have otherwise when its counterparty files for bankruptcy.
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Entertainment Law & Finance
Bit Parts
Stan Soocher
California Federal Judge Refuses, Among Other Things, to Drop Fiduciary Breach Claim Against AMC Networks over Fear the Walking Dead TV Series
New York Appellate Division Decides UMG Recordings Isn’t Alter Ego of Cash Money Records
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Business Crimes Bulletin
Mystery Subpoena Case at High Court Could Expand U.S. Authority
Peter B. “Bo” Rutledge and Amanda W. Newton
Rare Supreme Court holiday activity and ongoing news coverage about special counsel Robert Mueller’s investigation has drawn much attention to the enigmatic case of In Re Grand Jury Subpoena. The matter is unremarkable, presenting familiar issues of international litigation. Upon further examination, however, the case may have the potential to expand the authority of United States courts over foreign states and their agencies or instrumentalities.
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The Intellectual Property Strategist
The DTSA’s Jurisdictional Nexus, Three Years In
Conor Tucker
The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.
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Commercial Leasing Law & Strategy
Management Fees: Make Sure Your Lease Is Clear
Missy McCoy
There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.
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Commercial Leasing Law & Strategy
A Guide to Becoming an Opportunity Zone Sponsor
Kelsi Maree Borland
There is a frenzy of excitement about the prospect of opportunity zone investments, but a number of investors are also considering becoming sponsors of the new fund model. While organizing a fund may seem simple, especially for experienced real estate sponsors, the opportunity zone model is actually complex.
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The Bankruptcy Strategist
Caveat Intercreditor: Bankruptcy May Be Coming
Joel H. Levitin, Richard A. Stieglitz Jr. and Stephen J. Gordon
Bankruptcy Provisions in First Lien/Second Lien Intercreditor Agreements
While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important, and lack of attention to detail with respect to their provisions could lead to unintended results in any future bankruptcy case.
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The Intellectual Property Strategist
When Alice Leaves Software in Wonderland: Review the Terms of Use
Veronica Mullally Munoz
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
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Business Crimes Bulletin
In the Courts
Colleen Snow
New Charges in Insurance Corporation of Barbados Limited Bribery Case
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Entertainment Law & Finance
Upcoming Event
SXSW Conference 2019 CLE Program, March 14-16
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The Bankruptcy Strategist
Case Study: Delaware Bankruptcy Court Denies Trustee’s Breach of Fiduciary Duty Suit
Earl M. Forte
In January, a bench trial occurred in In re Covenant Partners, L.P., in which the Trustee of Debtor, Covenant Partners, L.P., sued for breach of fiduciary duty.
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Business Crimes Bulletin
Business Crimes Hotline
Colleen Snow
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
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