Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Chapter 15 Practice: U.S. Venue Selection Clause Does Not Trump Distribution Scheme in Italian Restructuring Plan
Dan T. Moss
&
Mark G. Douglas
The U.S. Bankruptcy Court for the District of Delaware recently ruled that choice of law and venue selection provisions in a contract between a U.S. creditor and Italian debtor did not trump the debt restructuring plan approved by an Italian bankruptcy court.
Columns & Departments
Development
ssalkin
Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider
Columns & Departments
IP News
Howard Shire
&
Adam B. Fischer
Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out<br>Federal Circuit Says <i>Alice</i> Not Intervening Change
Columns & Departments
Bit Parts
Stan Soocher
Brief Use of Graffiti Art in HBO's <i>Vinyl</i> Show Found <i>De Minimis</i><br>Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit
Columns & Departments
Real Property Law
ssalkin
Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot
Columns & Departments
Landlord & Tenant
ssalkin
Liquidated Damages Provision Not an Unenforceable Penalty<br>Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship<br>Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name<br>Predecessor Landlord Waived Prohibition on Subleases and Assignments
Features
NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs
Andrew Denney
<i><b>Legislature Considers Publicity Law Update</b></i><p>Ruling in a matter of first impression, New York's high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.
Features
Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue
Stan Soocher
The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state's right-of-publicity statute.
Features
Why Second Circuit Found No Fair Use in 'TVEyes' Case
Crystal Genteman
&
Chris Bussert
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.
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