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ALM Staff & Law Journal Newsletters

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Bit Parts

Stan Soocher

Independent Artist Has No Claim to Radio Airplay<br>Music-Royalty Conversion Claim Improperly Pleaded<br>Six-Month Suspension for Georgia Lawyer over File-Sharing Defense

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How Copyright Was Secured for Mark Twain Autobiography

Sheri Qualters

Copyright lawyers are wondering how the Mark Twain Foundation is claiming a copyright on the first volume of Mark Twain's newly released autobiography despite its publication a century after the author's death, far outside the normal protection window for an unpublished work.

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Arbitration Clause Doesn't Cover Dispute Over Movie Payments Image

Arbitration Clause Doesn't Cover Dispute Over Movie Payments

Stan Soocher

The U.S. District Court for the Southern District of New York decided that a suit, alleging a distributor of made-for-TV-movies failed to pay amounts owed the films' producer, wasn't subject to an arbitration clause in the parties' distribution agreement.

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Practice Tip: Deposition of Plaintiff's Expert

Diane Fleming Averell

Knowledge is power. The more you know about a purported expert's credentials before the deposition, the more effective you will be in laying the groundwork for a motion to exclude the witness's testimony.

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New York Internet Tax Law Does Not Violate Commerce Clause Image

New York Internet Tax Law Does Not Violate Commerce Clause

Joel Stashenko

An appeals court ruled last month that a state law requiring most online retailers to collect sales taxes on purchases by New Yorkers is constitutional on its face, though the panel ordered the reinstatement of claims that the tax law may violate the Commerce and Due Process clauses as applied to Amazon.com and Overstock.com.

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Waiting for Courts To Help in Internet-Based Franchise Encroachment? Image

Waiting for Courts To Help in Internet-Based Franchise Encroachment?

Jonathan Bick

Customarily, franchise agreements delineate an owner's exclusive right to sell to a particular locality. But, as is the case when the Internet is involved, the ubiquitous tool's communications capabilities have blurred franchise-location boundaries through novel low-cost marketing opportunities for commercial enterprises. While Internet-based franchise encroachment is rampant, courts are reluctant to interfere with the contracts that gave rise to the franchise relationship.

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Sugarland Suit Offers Look at Dynamics of Litigating Intra-Band Disputes Image

Sugarland Suit Offers Look at Dynamics of Litigating Intra-Band Disputes

R. Robin McDonald

Fresh off their November 2010 win for Vocal Duo of the Year at the Country Music Awards in Nashville, Sugarland faced a far different contest in a federal courtroom in Atlanta, GA, in a fight stemming from a 2005 split with the band's founder and former member, Kristen Hall. The trial, if held following more than two years of litigation, could easily have been billed as the anatomy of a band breakup. Though fact-specific to Sugarland, Hall's suit raises issues that are relevant to all-too-common litigations over intra-band disputes.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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