Litigation

  • Court Clears Disclosure of Doctor Peer Reviews

    Confidential physician peer reviews may be disclosed to plaintiffs in federal discrimination and antitrust cases in three federal circuits, even though all 50 states and the District of Columbia recognize a privilege against disclosure of the performance ratings. This growing federal-state divergence will make federal courts more attractive to plaintiffs filing civil rights suits involving doctors, attorneys say. At the same time, it may have a chilling effect on peer review participant candor and on the ability of health care facilities to recruit peer review team members.

    July 31, 2007Pamela A. MacLean

  • Counsel Concerns

    Tortious-Interference Claims

    July 31, 2007ALM Staff | Law Journal Newsletters |

  • Clause & Effect

    Satellite Television/Programming-Exclusivity Agreements.

    July 31, 2007ALM Staff | Law Journal Newsletters |

  • CA Considers Law to Protect Band Names

    Every night in Las Vegas, Baby Boomers plunk down $47.30 each and file into the Sahara Hotel & Casino's Congo Room to revisit the sounds of their youth. They've come to spend an evening with 'The Platters, Drifters, Coasters.' It's a performance steeped in nostalgia, save one element: None of the artists on stage were ever members of the musical groups that most remember as the Platters, the Coasters or the Drifters.

    July 31, 2007Cheryl Miller

  • Decision of Note: Songs in Karaoke Not Fair Use

    The U.S. Court of Appeals for the Sixth Circuit decided that the unlicensed use of songs for karaoke recordings was not a fair use. Zomba Enterprises Inc. v. Panorama Records Inc., 06-5013.

    July 31, 2007ALM Staff | Law Journal Newsletters |

  • Internet Music Stream vs. Download

    If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in United States v. American Society of Composers, Authors and Publishers (ASCAP), 485 F.Supp.2d 438 (S.D.N.Y. 2007).

    July 31, 2007Stephen M. Kramarsky

  • Download Enforcers May Be Singing New Tune

    Recent court decisions may force the Recording Industry Association of America ('RIAA') to re-evaluate its litigation tactics. In the past, RIAA members were able to file actions against the owners of Internet addresses if their sites were used by others to file share.

    July 30, 2007Jonathan Bick

  • Insolvencies Created By Bad Actors

    While the market is swimming with innovative and highly leveraged financial transactions, and many parties are enjoying sizeable gains, some of those involved in these enterprises ultimately will become insolvent. A fraction of these insolvencies will result from fraudulent investment schemes perpetrated by multiple parties acting in concert for their mutual benefit. Innocent victims, including creditors and investors, will bear the financial brunt of the insolvencies, and will be eager to recover from all parties that participated in the fraud.

    July 30, 2007Amy M. Tonti

  • Fourth Circuit Affirms Chapter 11 Dismissal

    The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute. Maryland Port Administration v. Premier Automotive Services, Incorporated (In re Premier Automotive Services, Incorporated). As the Court of Appeals explained, the tenant had filed its Chapter 11 petition 'in order to forestall eviction on an obviously expired lease ' to prevent the [lessor] from evicting the debtor from the [lessor's] property,' seeking to tie up the landlord 'in endless, fruitless litigation.' According to the court, the Chapter 11 filing here 'demonstrate[s], unfortunately, how the good and useful ends of the bankruptcy process can be badly abused.'

    July 30, 2007Michael L. Cook