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Features

State Law Requiring Offer to License Conflicts With Copyright Act Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.

Features

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen Image

2d Cir. Arguments In Judge Moore's Defamation Case Against Baron Cohen

Jane Wester

Attorneys for former Alabama U.S. Senate candidate Roy Moore and the comedian Sacha Baron Cohen appeared before the U.S. Court of Appeals for the Second Circuit in June, with Moore's attorney Larry Klayman urging the three-judge panel to reverse the district court ruling dismissing a lawsuit Moore filed.

Columns & Departments

Fresh Filings

ELF Staff

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

Columns & Departments

Players On the Move

ELF Staff

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

Columns & Departments

Bit Parts

Stan Soocher

Arbitration Clause in Prior Dispute Settlement Doesn't Apply to Cheaters Uncensored Current Copyright Dispute Are Co-Authors of "Back N Forth" Co-Authors of Derivative Work? Pandora's Streaming of Turtles Hits Isn't Issue of Public Debate Under California's Anti-SLAPP Statute

Features

Applying 'Part Performance' In Practice Image

Applying 'Part Performance' In Practice

Adam Leitman Bailey & John M. Desiderio

The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.

Features

Third Circuit Rejects Side-Switching Disqualification Claim Image

Third Circuit Rejects Side-Switching Disqualification Claim

Michael L. Cook

Conflicts of interest among clients are a chronic problem for law firms with many clients. How law firms address the problem — and they must — is what the Boy Scouts of America decision shows.

Features

Stipulation That Resolves Entire Amount Must Reflect Intent of Parties Image

Stipulation That Resolves Entire Amount Must Reflect Intent of Parties

Francis J. Lawall & Kenneth A. Listwak

The Ninth Circuit recently affirmed a lower courts' rulings that a stipulation between the IRS and a bankruptcy trustee, which allowed the IRS's priority tax claim, did not prevent the IRS from collecting nondischargeable tax debt above the agreed amount in that stipulation.

Features

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders Image

Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders

Joel H. Levitin & Richard A. Stieglitz Jr.

It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.

Features

Long Term Demand Should Shield Commercial Real Estate from Inflation Impact Image

Long Term Demand Should Shield Commercial Real Estate from Inflation Impact

Lynn Pollack

The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.

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