Litigation

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Recent rulings of interest to you and your practice.

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BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.

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The practice of project management in e-discovery has traditionally been loosely defined, with significant variation in the application of the fundamentals and the people performing these services. In some cases, the individual taking a project management role on a case is an attorney or paralegal, while in others it's the e-discovery services provider's account manager. Some project managers come from IT or document management roles. Within any given case, multiple "project managers" may work together, each applying their own set of practices and procedures.

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Copyright Infringement Suit over Dreamgirls Is Dismissed<br>Louisiana Federal Court Lacks Jurisdiction over French Studio<br>Second Circuit Sees Different "Concept and Feel" in Cookbooks Dispute<br>Unauthorized Use of Photo on Fiction Book Violates NY Publicity Right

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Amendment Denied For Malpractice Suit Over 'Bowie Bonds'<br>Malicious Prosecution Suit Is Reinstated Against Manatt Phelps

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COPYRIGHT DAMAGES/STATUTORY 'WORK'<br>COPYRIGHT JURISDICTION/RELATED CONTRACT CLAIMS

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Given that the story lines played out in Superman comic books are full of shadowy figures with dark motivations, it seems fitting that the real world legal fight over who owns the rights to the Man of Steel would feature such a character in a pivotal role. On May 14, Warner Bros. sued Marc Toberoff, the lawyer for the comic icon's co-creators' families, in federal court in Los Angeles, accusing him of engaging in a "scheme" to "enrich himself" by trying to wrongfully seize control of a substantial chunk of the Superman property.

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Talk about winning on a technicality. In a copyright infringement case brought by photographers who sued Houghton Mifflin Harcourt Publishing Co. over the allegedly unapproved use of their photos, Chief Judge Loretta Preska of Manhattan federal district court ruled in May that the works at issue had not been properly registered. Judge Preska threw out most of the photographers' claims in her 24-page ruling.