Litigation

  • "Potentially Monumental" Ninth Circuit En Banc Decision in Infringement Case Over Led Zeppelin's "Stairway to Heaven"

    For the past five years, the copyright bar and the music industry have carefully followed the many twists and turns of the potentially monumental infringement case that asserted that the opening of the iconic Led Zeppelin song "Stairway to Heaven" was copied from the introduction of a little-known 1967 instrumental "Taurus," written by the late Randy California. In March 2020, a unanimous en banc panel of the entire Ninth Circuit affirmed portions of a prior three-judge appellate ruling that "Stairway" did not infringe the Spirit song — and in the process resolved some thorny issues involving substantial similarity and copyright scope that will be important for future litigants

    April 01, 2020Robert W. Clarida and Robert J. Bernstein

  • Kozinski Angle In 9th Circuit's Led Zeppelin Ruling

    Defendants Led Zeppelin and its music labels were the winners in the copyright decision by the Ninth Circuit over the song "Stairway to Heaven." But the estate of songwriter Randy Wolfe (p/k/a California) wasn't the only one who got the short end. Among the collateral damage from the ruling was a 2002 precedent written by former Chief Judge Alex Kozinski that endorsed the so-called "inverse-ratio" rule.

    April 01, 2020Scott Graham

  • CASE Act Explained

    The Copyright Alternative in Small Claims Enforcement Act is a proposed congressional amendment to the current copyright statute that would create an alternative dispute resolution program for copyright small claims and other legal proceedings.

    April 01, 2020Ryan W. Morris

  • A Primer on Rights in Video Game Avatars

    Recent lawsuits have grappled with the fair use of one's likeness in video games, attempting to apply established order to a changing field.

    April 01, 2020Andrea Perez

  • Bit Parts

    Los Angeles Federal Judge Tosses Out Jury's Infringement Verdict Against Katy Perry in "Dark Horse" Song Case Sales Agreement for Film Assets of Distributor in Bankruptcy Doesn't Affect Separate Lender for One of Debtor's Movies

    April 01, 2020Stan Soocher

  • Supreme Court Defers to State Law on Ownership of Tax Refund

    High Court Rejects Application of Bob Roberts Rule Federal courts should "turn to state law to resolve" a "fight over a tax refund," held a unanimous U.S. Supreme Court in Rodriquez v. FDIC (In re United W Bancorp., Inc.)

    April 01, 2020Michael L. Cook

  • Conducting Internal Investigations During the COVID-19 Pandemic

    In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.

    April 01, 2020Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein

  • Expect Flurry of Bankruptcy Filings With Coronavirus Slowdown

    Potential Clients Are Reaching Out to Bankruptcy Attorneys to Assess the Need for Business Filings Bankruptcy attorneys expected to get calls as the coronavirus pandemic swiftly slowed the economy — and they were right.

    April 01, 2020Lidia Dinkova

  • What a Difference 3 Months Can Make

    The coronavirus has brokers guessing as to how this will affect leasing in the short term, and a report says leasing activity is likely to have a degree of decline in transaction volumes compared to pre-crisis expectations

    April 01, 2020Lisa Brown