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Litigation

  • In this latest round of bankruptcies following failed leveraged buyouts (LBOs), former shareholders must ask themselves whether the safe harbor of Section 546(e) of the Bankruptcy Code really is as calm as it appears ...

    February 27, 2012Kevin J. Walsh and Ella Shenhav
  • The Seventh Circuit recently held that a minority member of a limited liability company (LLC) was a "statutory insider" for purposes of bankruptcy preference liability. Here's a look at the case.

    February 27, 2012Michael L. Cook
  • The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

    February 01, 2012Richard Raysman and Peter Brown
  • Default Against iTunes in Artist's Download Suit Is Set Aside
    Michigan Gets Governmental Immunity in Tax Credit Case
    Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song

    February 01, 2012Stan Soocher
  • As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.

    February 01, 2012Erin S. Hennessy and Jennifer R. Ashton
  • To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.

    February 01, 2012Michael I. Rudell and Neil J. Rosini