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Features

Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff Image

Federal Jury Rejects First Amendment Defense In 'MetaBirkins' NFT Standoff

Todd Larson & Yonatan Shefa

Leading the charge in thorny IP issues have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement. This article analyzes the summary judgment decision that set the stage for trial in Hermes International, and provides some takeaways concerning the legal landscape for NFTs moving forward.

Features

Music Rates and Royalties 2023: Past, Present and Future Image

Music Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part One of a Two Part Article Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

Features

Getty Images' Suit Over AI Generator Image

Getty Images' Suit Over AI Generator

Isha Marathe

The magical world of AI-generated art has become more mainstream over the past few months. There has also been some backlash against the industry, including brewing class action lawsuits alleging copyright violations and resistance from online artist communities. But until recently, a substantial legal threat was yet to emerge against the technology that underpins artificial-intelligence art.

Features

Can a Debtor That Has No Ongoing Business Operations Reorganize Under Chapter 11 In Good Faith? Image

Can a Debtor That Has No Ongoing Business Operations Reorganize Under Chapter 11 In Good Faith?

Lawrence J. Kotler & Roxanne J. Indelicato

In a recent decision, the U.S. Bankruptcy Court for the Southern District of Texas (the court) addressed whether a debtor that has no independent assets or ongoing business operations can reorganize under Chapter 11 in good faith.

Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

J&J Gets Stay In Talc Chapter 11 Dismissal Image

J&J Gets Stay In Talc Chapter 11 Dismissal

Amanda Bronstad

Johnson & Johnson's talc bankruptcy may be on its last legs, but it's still standing — at least for a while. On February 13, Johnson & Johnson subsidiary LTL Management petitioned the U.S. Court of Appeals for the Third Circuit to rehear its Jan. 30 decision dismissing its Chapter 11 case

Columns & Departments

Players On the Move Image

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Development Image

Development

NYRE Staff

Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock

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