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Transformative Use Favored in Sports Video Game Case Image

Transformative Use Favored in Sports Video Game Case

Stan Soocher

In the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.

Features

Using Character Integrity Guidelines to Protect Franchise Characters Image

Using Character Integrity Guidelines to Protect Franchise Characters

Mark Stankevich

If you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.

Features

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Features

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Trademark Issues

Douglas M. Mansfield & J. Todd Kennard

The U.S. District Court for the Central District of California recently entered a preliminary injunction against a former franchisee, where the franchisor had repeatedly notified the franchisee of various deficiencies, and the franchisor ultimately terminated the franchise agreement.

Features

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Drug & Device News

ALM Staff & Law Journal Newsletters

Recent news of interest to you and your practice.

Features

Asserting the Attorney-Client Privilege in ERISA Cases Image

Asserting the Attorney-Client Privilege in ERISA Cases

Marcia S. Wagner

A spate of recent case law raises the question of which circumstances will enable advice rendered in benefits matters to be protected by the attorney-client privilege and the related work product doctrine.

Features

Court Watch Image

Court Watch

Charles G. Miller & Darryl A. Hart

Highlights of the latest franchising cases from around the country.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

A look at a recent key ruling.

Features

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Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of pivotal cases.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

A look at two noteworthy cases.

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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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