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No Fair Use in Mag's Publication of Marriage Photos of Singer Image

No Fair Use in Mag's Publication of Marriage Photos of Singer

Scott Graham

To Ninth Circuit Judge M. Margaret McKeown, the appeal in copyright case <i>Monge v. Maya Magazines</i> read "like a telenovela, a Spanish soap opera." McKeown wrote that the Spanish-language gossip magazine <i>TVNotas</i> violated the copyright of Noelia Lorenzo Monge, a Puerto Rican pop singer known mostly by her first name, and her husband, Jorge Reynoso, a music producer, by publishing private wedding photographs that apparently had been stolen from them.

Features

China Opportunities for U.S. Entertainment Industry Still Saddled with Government and 'Copycat' Hurdles Image

China Opportunities for U.S. Entertainment Industry Still Saddled with Government and 'Copycat' Hurdles

Stan Soocher

<i>Entertainment Law &amp; Finance</i> Editor-in-Chief Stan Soocher traveled to China over the summer to teach the course 'American Music Goes to Court' at the International College of Beijing. He reports here, in a two-part series, on the state of entertainment industry issues in China, as U.S. companies try to expand their reach there. Part One covers the current state of copyright law in China and discusses TV and film concerns.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Practice Tip: Filing 'Direct' Cases in an MDL Image

Practice Tip: Filing 'Direct' Cases in an MDL

Larry Goldhirsch

Is there any problem with filing your case directly with the MDL court? According to the author, the relative simplification of doing so may bring more problems than it is worth.

Features

Mediation in the Equipment Finance Industry Image

Mediation in the Equipment Finance Industry

Steven N. Lippman

This article discusses what mediation is, what happens at mediation, why mediate, what to look for in a mediator, and how mediation is an underused tool in the equipment leasing field.

Company Representatives and Modern Medical Technology Image

Company Representatives and Modern Medical Technology

Michelle Hart Yeary & Alicia M. Farley

While company representatives can provide technical support for complex devices and keep surgical staff informed about new technology, their presence in operating and procedure rooms is not without controversy.

Features

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing cases from around the country.

Features

Getting It Back: Recovering Transfers That Create Insolvency Image

Getting It Back: Recovering Transfers That Create Insolvency

David Gottlieb & Michael D. Schwarzmann

Over the past few years, several companies have run out of money and been forced to declare bankruptcy within months of completing transactions that depleted their equity value and rendered them insolvent. By understanding the test for determining whether such transactions can be unwound, lenders, recipients and creditors all benefit.

Features

The 'Cat's Paw' Doctrine in the Second Circuit Image

The 'Cat's Paw' Doctrine in the Second Circuit

Frances K. Browne & Sean Sullivan

Imputing liability to an employer that relies on input from a biased employee is known as the "cat's paw" theory of liability. Here's how this affects your practice.

Disability-Related Misconduct Image

Disability-Related Misconduct

Andrew A. Nicely

Part One of this article in last month's issue discussed the definition of disability, disabled-employee miconduct, and discipline. Part Two herein continues the discussion.

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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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    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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