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Unusual Challenges to Content in Film, TV Productions Image

Unusual Challenges to Content in Film, TV Productions

Stan Soocher

Two recent court rulings ' one involving the movie <i>The Hangover: Part II</i> and the other the TV series <i>South Park</i> ' considered unusual issues in challenged uses of content in entertainment productions.

Features

Retired Players' Antitrust Claim Against NFL Is Dismissed Image

Retired Players' Antitrust Claim Against NFL Is Dismissed

Amanda Bronstad

A federal judge dismissed an antitrust action brought on behalf of retired professional football players who accused the National Football League of monopolizing the market for DVDs, videos and films featuring the plaintiffs' names and likenesses.

Features

'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings Image

'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings

Jan Wolfe

In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character "Dora the Explorer." But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation.

Features

DMX Can Obtain Its Music Through Direct Licenses Image

DMX Can Obtain Its Music Through Direct Licenses

Victor Li

After performing-rights organizations ASCAP and BMI lost royalty rate challenges against background music provider DMX Inc. in 2010, they turned to a pair of former U.S. solicitors general to handle their appeals. But all that appellate firepower wasn't enough to turn their fortunes around.

Features

<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law Image

<b><i>BREAKING NEWS:</b></i> Supreme Court Upholds Health Care Law

Marcia Coyle

In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.

Features

Crayon Shinchan Image

Crayon Shinchan

Vincent J. Poppiti & Mian R. Wang

The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.

Features

An Analysis of Kappos v. Hyatt Image

An Analysis of Kappos v. Hyatt

John M. Cone & Megan M. O'Laughlin

Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.

Features

Invoking the Spousal Privilege Image

Invoking the Spousal Privilege

Janice G. Inman

There are two aspects to the law in New York ' one prohibiting prosecutors or others from compelling one spouse to testify against the other, and the other permitting a spouse to preclude the testimony even of a willing witness spouse. It is this second potion of the law that we will be concerned with.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Review of a pivotal case.

Features

Hedge Fund Valuation in Connection with Equitable Distribution Image

Hedge Fund Valuation in Connection with Equitable Distribution

Steven Cusumano

Hedge fund valuation presents several challenges in the field of business valuation for the purposes of equitable distribution.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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