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Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work Image

Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work

Scott Graham

Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.

Features

Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha Image

Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha

Jason Grant

In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz "Dr. Luke" Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.

Features

U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity Image

U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity

Stan Soocher

The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."

Features

Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19 Image

Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19

Angela Morris

In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.

Features

Counterfeiting vs. Infringement: Second Circuit Weighs In Image

Counterfeiting vs. Infringement: Second Circuit Weighs In

Eric Alan Stone & Catherine Nyarady

In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.

Features

Confession of Judgment Provisions In Commercial Leases Image

Confession of Judgment Provisions In Commercial Leases

Megan E. Moyer and Kevin M. Levy

In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.

Features

TikTok Dances Around Another Copyright Infringement Suit Image

TikTok Dances Around Another Copyright Infringement Suit

Angela Morris

The Texas lawsuit alleged that the social video app and parent company ByteDance Ltd. copied software code, and deleted or altered copyright management information in the code, and then used the code in the app that has 175 million downloads.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Don Everly Prevails Over Late Brother Phil's Family Following Trial on Authorship of Everly Brothers' 1960 Hit "Cathy's Clown" Split Decision on Secondary Liability Claims Against Harry Fox Agency in Music Licensing Lawsuit Over Spotify Streaming of Eminem Compositions

Features

When Does Content of a Debtor's Bar Date Notice Satisfy Due Process? Image

When Does Content of a Debtor's Bar Date Notice Satisfy Due Process?

Francis J. Lawall & Kenneth A. Listwak

The Third Circuit recently examined whether the content of a debtor's bar date notice satisfied due process, so as to discharge unknown litigation creditors' claims against the company after confirmation of the debtor's Chapter 11 plan of reorganization.

Features

New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO Image

New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO

Stan Soocher

In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor's class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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