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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

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Court Watch

Cynthia M. Klaus & Meredith A. Bauer

Highlights of the latest franchising cases from around the country.

Features

Is There a Chinese Import Nightmare Looming from Nonroad Equipment? Image

Is There a Chinese Import Nightmare Looming from Nonroad Equipment?

R. Paul Roecker

Small, spark-ignited nonroad engines from China are the latest imports that run afoul of U.S. standards, as many do not meet the requirements of the Clean Air Act.

Features

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Advance Conflict Waivers

Richard M. Zielinski

Let me try to explain the rules governing Advance Conflict Waivers by asking, and then answering, five questions.

Features

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Bit Parts

Stan Soocher

Copyright Infringement Claim Doesn't Extend to Foreign Release of Song<br>Record Label Denied Request to Block Use of Band Name in Live Performances<br>U.S. Court Lacks Jurisdiction to Decide Copyright Claim over European Distribution of Sheet Music

Features

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Cameo Clips

Stan Soocher

COPYRIGHT TRANSFER/RETAINED RIGHT TO SUE<br>PERSONA USE DISPUTE/MOTION TO INTERVENE<br>SONG INFRINGEMENT/FAIR USE DEFENSE

Features

Counsel Update in Destiny's Child Song Litigation Image

Counsel Update in Destiny's Child Song Litigation

Lynne Marek

Singer-actress-celebrity Beyonc' and her father-manager Mathew Knowles have parted ways ' at least in their choice of lawyers ' in defending a copyright case set for trial in Chicago.

Features

Administration Deal No Bar to Songs Grant from Artist Image

Administration Deal No Bar to Songs Grant from Artist

Stan Soocher

The U.S. District Court for the Middle District of Tennessee ruled that a music publisher's exclusive administration rights to songs by recording artist Lori McKenna didn't prevent Warner Bros. Records from getting the rights directly from McKenna for compositions on McKenna's Bittertown album.

Features

Current and Impending Virtual World IP Issues Image

Current and Impending Virtual World IP Issues

Jess M. Collen, Matthew C. Wagner & Oren Gelber

With popularity and subscribership rising, games like World of Warcraft, EverQuest, There and Second Life are big business. Growth has brought litigation. Indeed, some law firms have practice groups addressing this medium's issues.

Features

Dirty Laundry Hanging Out On The Web Image

Dirty Laundry Hanging Out On The Web

Shari Claire Lewis

Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.

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    “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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    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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