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Litigation

  • A Chapter 11 debtor's "rejection [(under Code §365(a)] of a filed-rate [natural gas] contract … relieve[d] it of the obligation to continue performance absent the approval of FERC [(the Federal Energy Regulatory Commission]," held the U.S. Court of Appeals for the Fifth Circuit.

    April 01, 2022Douglas S. Mintz and Michael L. Cook
  • In Pennsylvania, if a contractor is not paid for repairs or improvements made to real estate, the contractor can either take the traditional path of litigation and sue the property owner by filing a complaint under contractual or equitable theories or file for a mechanics' lien that clouds title to the real estate.

    April 01, 2022Alan Nochumson and Clementa Amazan
  • The Ninth Circuit had ruled in 2020 that §411(b)(1)(A) of the federal Copyright Act excuses inadvertent mistakes of fact on copyright registrations but not mistakes of law. The Supreme Court has now ruled 6-3 that the provision covers both mistakes of facts and law.

    April 01, 2022Scott Graham
  • Notable court filings in entertainment law.

    April 01, 2022ELF Staff
  • Third-party releases are often incorporated into the bankruptcy plan as a means of protecting nondebtor parties from litigation that is directly or even tangentially related to the debtor's business. Over the last several years, the scope and use of such third-party releases appears to have been stretched arguably to the breaking point as demonstrated in a recent and important district court decision.

    April 01, 2022Francis J. Lawall and Suzanne Soboeiro
  • In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.

    April 01, 2022Thomas Kjellberg and Robert W. Clarida
  • Both Sides' Summary Judgment Motions Denied in Copyright Infringement Suit Over Jimi Hendrix Photo Summary Judgment Granted for Defendant in Copyright Infringement Suit Over "Gimme Some Lovin'"

    April 01, 2022Stan Soocher
  • Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff

    April 01, 2022Howard Shire and Stephanie Remy
  • While the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.

    March 01, 2022Annie Railton, James Gatta, Jud Welle and Emily Notini