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Copyright Attorney Fees Ruling in Friday the 13th Termination Case Image

Copyright Attorney Fees Ruling in Friday the 13th Termination Case

Mason Lawlor

The U.S. District Court for the District of Connecticut granted Friday the 13th screenwriter Victor Miller partial attorney fees totaling more than $886,564, in his long-running fight against the 1980 horror film's production outfit Manny Co. over proceeds from the film.

Features

Report on Oral Arguments At Supreme Court In 'Warhol' Case Image

Report on Oral Arguments At Supreme Court In 'Warhol' Case

Scott Graham

During the recent oral arguments before it, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did.

Features

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings Image

Inflation, Interest Rates, and Already-Increasing Commercial Bankruptcy Filings

Erich N. Durlacher

What Should Financial Institutions Do Now In Anticipation of a Potential (and Long-Awaited) Downturn What should a prudent lender be doing right now to "brace" itself for the coming financial uncertainty? Adopt a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.

Features

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case Image

Fifth Circuit Follows Ninth Circuit, Allows Post-Bankruptcy Contract Rate Interest In Solvent Debtor Case

Michael L. Cook

"… [B]ecause Congress has not clearly abrogated the solvent-debtor exception," the U.S. Court of Appeals for the Fifth Circuit held that a reorganized solvent debtor had to "pay what it promised now that it is financially capable."

Features

Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence Image

Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence

Erich N. Durlacher

With the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

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

Features

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks Image

Specific Performance Clause May Not Be Enforced In Sale-Leasebacks

Peter E. Fisch & Salvatore Gogliormella

Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Florida Federal Court's Findings in Battle Over "LINEAR" Band Name Not So Linear Second Circuit Agrees Federal Copyright Law Preempts Right of Publicity Complaint Over Sirius XM's Use of Howard Stern Show Archival Recordings

Features

Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval Image

Sixth Circuit Adds Results-Based Contingency to Fee Payment Approval

Charles M. Tatelbaum & Corey D. Cohen

A recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those that represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.

Features

Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant Image

Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant

Paul A. Rubin & Hanh V. Huynh

A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.

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