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The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

BAPCPA: Another Nail in the Coffin of Retail Reorganizations Image

BAPCPA: Another Nail in the Coffin of Retail Reorganizations

Yitzhak Greenberg

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.

Features

Defining Project Management for e-Discovery Success Image

Defining Project Management for e-Discovery Success

Christopher Wilen

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.

Features

Bit Parts Image

Bit Parts

Stan Soocher

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

Features

Counsel Concerns Image

Counsel Concerns

Stan Soocher & Cheryl Miller

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

Features

Cameo Clips Image

Cameo Clips

Stan Soocher

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

Features

Mysterious Lawyer Is at Center of Suit Against Counsel To 'Superman' Heirs Image

Mysterious Lawyer Is at Center of Suit Against Counsel To 'Superman' Heirs

Drew Combs

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.

Features

Copyright Ruling on Photo Registrations Image

Copyright Ruling on Photo Registrations

Andrew Longstreth

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.

Features

IP News Image

IP News

Jeffrey S. Ginsberg & Matthew Berkowitz

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

Features

Suit By Author Michael Connelly Is Good Reason to Take Close Look at Film Turnaround Provisions Image

Suit By Author Michael Connelly Is Good Reason to Take Close Look at Film Turnaround Provisions

Michael I. Rudell & Neil J. Rosini

It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled. For this reason, the producer attempts to structure the acquisition agreement with the book author in the form of an option coupled with a self-executing purchase agreement. The option period gives the producer time to complete development activities, and if the option is exercised, the purchase agreement transfers audiovisual rights without further discussion.

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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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