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Litigation

  • The trial over a death on the set of the Walking Dead zombie drama will hinge on one key question: What happened in the moments before a stuntman plunged off a balcony and missed an airbag 20 feet below.

    December 01, 2019Katheryn Hayes Tucker
  • Alleged Verbal Agreement For Promotion of Concerts Found Unenforceable "Chapel of Love" Singer's Niece Fails to Show Court in Royalties Dispute Had Personal Jurisdiction over Defendant Fair Use Defense Can Be Raised Under California's Sound Recording Misappropriation Statute

    December 01, 2019Stan Soocher
  • As a matter of practice, law firms generate and store incomprehensible amounts of data. Most, if not all, of that data has been digitized and many firms that recognize the untapped value of their data have begun to leverage sophisticated technologies to mine it for reusable work product and valuable insights.

    December 01, 2019Doug Stansfield
  • Disputes over film financing agreements are common, but there are few court decisions that address film financing dustups involving §10(b) of the federal Securities Exchange Act. Now the U.S. District Court for the Middle District of Florida has issued a ruling that addresses the pleading requirements for alleging a §10(b) violation, in litigation between an investor and a film production company.

    November 01, 2019Stan Soocher
  • The purpose of a Weinstein clause is to provide assurance that the target company (including its officers and executives) is not a hotbed of sexual harassment or a ticking time bomb of claims waiting to explode. This article on drafting and negotiating Weinstein clauses should help entertainment and media deal teams balance these risks.

    November 01, 2019Michael S. Poster
  • A debtor's goal in a Chapter 11 Bankruptcy is to confirm a "plan of reorganization." Creditors usually have the right to vote for or against a plan, and in some cases, a plan can be confirmed over the objection of one or more classes of creditors. This is called a "cram-down." The Bankruptcy Code's rules governing cram-down are complex and differ for secured and unsecured classes of creditors. This article shows how bankruptcy courts have ruled on a particular method of cram-down known as a "dirt-for-debt" plan.

    November 01, 2019Peter Janovsky
  • In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?

    November 01, 2019Joseph F. Savage Jr. and Christopher J.C. Herbert