Features
State Law Requiring Offer to License Conflicts With Copyright Act
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
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
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Bit Parts
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
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
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
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
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
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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