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Counsel Concerns

ALM Staff & Law Journal Newsletters

Tortious-Interference Claims

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Clause & Effect

ALM Staff & Law Journal Newsletters

Satellite Television/Programming-Exclusivity Agreements.

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CA Considers Law to Protect Band Names Image

CA Considers Law to Protect Band Names

Cheryl Miller

Every night in Las Vegas, Baby Boomers plunk down $47.30 each and file into the Sahara Hotel & Casino's Congo Room to revisit the sounds of their youth. They've come to spend an evening with 'The Platters, Drifters, Coasters.' It's a performance steeped in nostalgia, save one element: None of the artists on stage were ever members of the musical groups that most remember as the Platters, the Coasters or the Drifters.

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Decision of Note: Songs in Karaoke Not Fair Use Image

Decision of Note: Songs in Karaoke Not Fair Use

ALM Staff & Law Journal Newsletters

The U.S. Court of Appeals for the Sixth Circuit decided that the unlicensed use of songs for karaoke recordings was not a fair use. <i>Zomba Enterprises Inc. v. Panorama Records Inc.</i>, 06-5013.

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Internet Music Stream vs. Download Image

Internet Music Stream vs. Download

Stephen M. Kramarsky

If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in <i>United States v. American Society of Composers, Authors and Publishers (ASCAP)</i>, 485 F.Supp.2d 438 (S.D.N.Y. 2007).

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Download Enforcers May Be Singing New Tune Image

Download Enforcers May Be Singing New Tune

Jonathan Bick

Recent court decisions may force the Recording Industry Association of America ('RIAA') to re-evaluate its litigation tactics. In the past, RIAA members were able to file actions against the owners of Internet addresses if their sites were used by others to file share.

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Insolvencies Created By Bad Actors Image

Insolvencies Created By Bad Actors

Amy M. Tonti

While the market is swimming with innovative and highly leveraged financial transactions, and many parties are enjoying sizeable gains, some of those involved in these enterprises ultimately will become insolvent. A fraction of these insolvencies will result from fraudulent investment schemes perpetrated by multiple parties acting in concert for their mutual benefit. Innocent victims, including creditors and investors, will bear the financial brunt of the insolvencies, and will be eager to recover from all parties that participated in the fraud.

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Fourth Circuit Affirms Chapter 11 Dismissal Image

Fourth Circuit Affirms Chapter 11 Dismissal

Michael L. Cook

The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute. <i>Maryland Port Administration v. Premier Automotive Services, Incorporated (In re Premier Automotive Services, Incorporated).</i> As the Court of Appeals explained, the tenant had filed its Chapter 11 petition 'in order to forestall eviction on an obviously expired lease ' to prevent the [lessor] from evicting the debtor from the [lessor's] property,' seeking to tie up the landlord 'in endless, fruitless litigation.' According to the court, the Chapter 11 filing here 'demonstrate[s], unfortunately, how the good and useful ends of the bankruptcy process can be badly abused.'

Features

e-Discovery Docket Sheet Image

e-Discovery Docket Sheet

Michele C.S. Lange

Recent court rulings in e-discovery.

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The Smoking e-Mail Image

The Smoking e-Mail

David K. Bissinger

Many articles talk about the new e-discovery rules, but few address how to use electronic information in examining witnesses. Electronic discovery has changed not just the rules of document production, but also how to use these materials when questioning and preparing witnesses. Here are some ideas on preparing for witness questioning.

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