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<B><I>BREAKING NEWS:</b></i> <b>Ninth Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8</b> Image

<B><I>BREAKING NEWS:</b></i> <b>Ninth Circuit Sides With Gay Couples in 2-1 Ruling on Prop 8</b>

Ginny LaRoe

Taking a narrow approach in deciding the blockbuster challenge to California's ban on gay marriage, a split panel of the Ninth Circuit U.S. Court of Appeals on Feb. 7 found Proposition 8 unconstitutional.

Features

Proving Contributory Online Trademark Infringement Image

Proving Contributory Online Trademark Infringement

Richard Raysman & Peter Brown

The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Default Against iTunes in Artist's Download Suit Is Set Aside<br>Michigan Gets Governmental Immunity in Tax Credit Case<br>Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song

Features

Supreme Court Rules on Copyright Restoration for Foreign Works Image

Supreme Court Rules on Copyright Restoration for Foreign Works

Marcia Coyle

The U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev's "Peter and the Wolf.

Features

<b>Counsel Concerns</b>Singer Toni Basil's Malpractice Suit Was Filed Too Late Image

<b>Counsel Concerns</b>Singer Toni Basil's Malpractice Suit Was Filed Too Late

Andrew Keshner

Singer Toni Basil's legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard "Mickey," must be dismissed as time barred, a New York appellate court ruled.

Features

Recourse Strategies In the New Age of .XXX Domain Names Image

Recourse Strategies In the New Age of .XXX Domain Names

Erin S. Hennessy & Jennifer R. Ashton

As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.

Features

Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs Image

Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs

Michael I. Rudell & Neil J. Rosini

To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.

Features

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

Key happenings in neighboring states.

Features

Courts Must Report Convictions Connected to Domestic Violence Image

Courts Must Report Convictions Connected to Domestic Violence

Joel Stashenko

The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Several decisions of note.

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  • 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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