Litigation

  • When Boilerplate, Customized Clauses Collide in Media Merger Deals

    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.

    September 01, 2019James H.S. Levine and Douglas D. Herrmann

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

    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.

    September 01, 2019Brian R. Michalek

  • CA Appeal Ct. On Defamation Claims Against Bill Cosby

    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.

    September 01, 2019Suzette Parmley

  • Bit Parts

    Former Accountant for W.C. Handy Estate Can Proceed with Defamation Claims Against Estate's Trustee and Lawyer

    September 01, 2019Stan Soocher

  • Third Circuit Clarifies Appeal Process in Settlement and Reorganization Plan Disputes

    The Third Circuit recently took a "pragmatic approach" when affirming lower court orders denying a stay of bankruptcy settlement distributions pending appeal. After holding that the district court's "stay denial order" was "final" for jurisdictional purposes, it also confirmed "the applicable standard of review" on motions for stays pending appeals.

    September 01, 2019Michael L. Cook

  • Litigation Support, E-discovery and the Recovery of Costs

    The Data Explosion vs. Recovery Model Stagnation Firms are struggling with a legacy practice of writing off litigation support/e-discovery and related costs but have been challenged to identify and implement recovery models or managed services models that are both acceptable to the firm and to their clients. On top of all of this, many firms simply fail to dispose of the data at the matter closing and costs continue to accumulate year over year. Mattern has launched the first ever e-Discovery and Litigation Support Cost Recovery Survey to gather that needed data to help drive firms' better business decisions.

    September 01, 2019Nathan Curtis

  • A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough

    Part One of a Two-Part Article This article outlines the basic elements of an SNDA and will explain the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.

    September 01, 2019James O'Brien