In Lothian Oil, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
October 20, 2011Scott J. Friedman and Mark G. Douglas
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
October 20, 2011David Neier, Rolf S. Woolner and Myja K. KjaerResponding to Hart-Scott-Rodino Act Requests for Additional Information and Documentary Materials (more commonly known as "Second Requests") presents substantial challenges in assembling a comprehensive and complete production of requested information and documents from company archives.
September 29, 2011David J. LaingThis article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.
September 28, 2011Sophia Lee and Christine SoaresArbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy
Contingency Fee Agreement Applies to Potter Guide Post-Trial SettlementSeptember 28, 2011Stan SoocherAs part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in Marvel Worldwide v. Kirby, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
September 28, 2011Daniel C. Glazer and Daniel P. AsheIn the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.
September 28, 2011Stan SoocherIf you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.
September 28, 2011Mark StankevichHighlights of the latest intellectual property news from around the country.
September 28, 2011Jeffrey S. Ginsberg and Joseph MercadanteThe U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.
September 28, 2011Douglas M. Mansfield and J. Todd Kennard