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Paul McCartney's Suit over Songs' Recapture Rights Image

Paul McCartney's Suit over Songs' Recapture Rights

Stan Soocher & Scott Graham

Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.

Features

The Continuing Evolution of the False Claims Act Image

The Continuing Evolution of the False Claims Act

Jonathan S. Feld, Jason M. Ross & Christina C. Brunty

The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.

Features

David vs. Goliath Image

David vs. Goliath

M. Rosie Rees & Tamara K. Hibbard

<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

Features

Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien Image

Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien

David M. Hillman & James T. Bentley

This article focuses on the impact of the Bankruptcy Code's section 552, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

Features

New Hockey Team's Trademark Dispute Nothing New Image

New Hockey Team's Trademark Dispute Nothing New

Elio F. Martinez Jr.

What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ljnstaff

Why the holder of a prior mortgage was not entitled to surplus funds.

Features

Using Background Checks to Hire and Retain Employees Image

Using Background Checks to Hire and Retain Employees

K. Bryance Metheny

The most important tool a hiring manager can use to identify and deliver the best employees is a background check. Such a check may include information from multiple sources, including credit reports, employment verifications and criminal record searches. Most employers use a vendor to access this information, but there are some who engage in these searches and verifications themselves.

Features

Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer Image

Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer

Ronald J. Levine & Clifford Tatum

As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.

Features

Do Your Employment Practices Violate Antitrust Law? They Might! Image

Do Your Employment Practices Violate Antitrust Law? They Might!

Robert G. Brody & Alexander Friedman

Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.

Features

Building Your Medical Liability Risk Management Program<br><i><b><font size="-1">The Underwriter Relationship<br>Part Two of a Two-Part Article</font></b></i> Image

Building Your Medical Liability Risk Management Program<br><i><b><font size="-1">The Underwriter Relationship<br>Part Two of a Two-Part Article</font></b></i>

Kevin Quinley

A medical professional's ability to procure insurance coverage — and on the best financial terms — depends largely on the discretion of an insurance underwriter — the insurer's gatekeeper. The underwriter is key to a health care provider's risk management program and financial protection.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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