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Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose Image

Man of La Mancha Revival Dispute Involves Whether Attorney/Client Relationship Arose

Stan Soocher

A thorny concern for lawyers is whether — and if so, when — an attorney/client relationship has been formed with a party with whom the lawyer has entered into a business arrangement. Current litigation over an agreement involving theatrical production rights to the Tony Award-winning musical Man of La Mancha offers some perspective on the issue.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ssalkin

Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected

Features

How COVID-19 Has Impacted Broadway Productions Image

How COVID-19 Has Impacted Broadway Productions

Matthew Windman

While the theaters of Broadway remain dark, the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be needed once the theaters can reopen.

Features

What's in a Name? Booking.com and Consumer Perception Evidence Image

What's in a Name? Booking.com and Consumer Perception Evidence

David H. Bernstein & Jared I. Kagan

In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

Features

Survey Says: Tips On Getting Over the Daubert Hurdle Image

Survey Says: Tips On Getting Over the Daubert Hurdle

Rebecca Kirk Fair, Peter Hess & Vendela Fehrm

This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.

Features

Cash Flows for Commercial Leases During COVID-19 Image

Cash Flows for Commercial Leases During COVID-19

Jonathan Koevary & Robert Gagne

To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.

Features

Bankruptcy Sales: Finding a Diamond In the Rough Image

Bankruptcy Sales: Finding a Diamond In the Rough

Matthew I. Kramer

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.

Features

Copyright Considerations In Artificial Intelligence Image

Copyright Considerations In Artificial Intelligence

Shaleen J. Patel & Sushmitha Rajeevan

In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.

Features

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal Image

Delaware Court Dismisses Fox Stockholder's Suit Over Disney Deal

Ellen Bardash

In a decision that narrowed what actions can be brought by Delaware companies' stockholders in the context of a merger, the Delaware Court of Chancery dismissed claims brought against former 21st Century Fox executives, including three members of the Murdoch family.

Features

Mezzanine Lenders and Foreclosure Sales During COVID-19 Image

Mezzanine Lenders and Foreclosure Sales During COVID-19

Jeffrey B. Steiner & Scott A. Weinberg

This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.

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