Features
Bit Parts
Complaint over Oral Agreement for TV-Network Work Is Dismissed<br>Rulings on Song License Termination and on Assignment Recordation<br>Suits Proceed over Use of College Athletes' Indicia
Features
Ticketmaster Lead Counsel on Live Nation Merger Issues
The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.
Features
Cameo Clips
MUSIC COPYRIGHTS/INFRINGING 'WORKS'<br>TRADEMARK INFRINGEMENT/RECORD LABEL NAMES<br>TV COMPENSATION CLAIMS/FEDERAL PREEMPTION<br>VIDEOGAME DEVELOPMENT/INJUNCTIVE RELIEF
Features
Forum Selection Clause Applies To Merged TV Company
The U.S. District Court for the Southern District of New York decided that a forum selection clause in a television broadcast agreement applied to a company within which the original signatory broadcaster later was merged.
Features
Expansion of Right of Publicity Continues To Create Tensions with First Amendment
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Features
Second Circuit: 502(d) Does Not Apply to Administrative Claims
In <i>ASM Capital, LP v. Ames Department Stores, Inc.</i> the Second Circuit Court of Appeals (the "Second Circuit") held that ' 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
Features
ConnectU Sued for Slice of $65M Facebook Deal
A Boston software developer is suing the now-defunct social media site ConnectU, its founders, its law firm, Washington-based Finnegan, Henderson, Farabow, Garrett & Dunner, and Scott Mosko, a Palo Alto, CA, partner at the firm, for allegedly cutting him out of Facebook's $65 million settlement with ConnectU's founders.
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Second Circuit Reinstates Antitrust Claim Against Online Music Providers
A federal appeals court has reinstated an antitrust suit alleging price fixing by Sony BMG Music Entertainment and other producers, licensors and distributors of music on the Internet.
Features
Third Circuit Tackles Teen 'Sexting' As Child Pornography
As the nation's first case involving criminal prosecutions of teenagers for "sexting" made its way to a federal appeals court in Philadelphia, all three judges seemed skeptical of the prosecutor's claim that child pornography laws are violated when a teen transmits a nude image of herself.
Features
Bit Parts
Film Studio Wins Tax Credit Case<br>One-Second Sample Isn't Automatic Copyright Infringement<br>"Sham Affidavit" Rule Applied in Memorabilia Suit
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- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›