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Bankruptcy Claims Traders Alert
The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.
Upcoming Events
American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting<br>Texas Bar 21st Annual Entertainment Law Institute
Bit Parts
North Carolina Federal Court Dismisses Suit by Sellers Against Lawyers for Music Company Purchaser<br>Sixth Circuit Has Jurisdiction over Declaratory Claim for Song Authorship
Prince Told to Pay $4 Million to Perfume Maker
Prince, the flamboyant pop star with 10 platinum albums, should pay nearly $4 million in damages for welshing on his promise to promote a perfume named after his latest CD, a special referee in Manhattan concluded after conducting a four-day inquest on damages.
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Counsel Concerns
Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy<br>Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement
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Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i>, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Features
Transformative Use Favored in Sports Video Game Case
In the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.
Dodd-Frank: What About Leasing?
This second installment of a two-part series discusses in detail those provisions of Dodd-Frank, among many others, which may have the most immediate and greatest impact on U.S. equipment leasing and finance companies.
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Using Character Integrity Guidelines to Protect Franchise Characters
If you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Beach Boys Songs Written Decades Ago Triggered Current Quarrel With LawyersThere's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.Read More ›
- Transfer Tax Implications on Real Property LeasesThe real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.Read More ›
- Issue-Specific Withdrawal of the ReferenceThis article considers the genesis, tendency and scope of the district courts' withdrawals of the reference in some of the more complex proceedings pending today.Read More ›
- The Settlement Privilege and the Threat of Legal ActionPart One of this article considers the issue of when a threat to litigate encased by a settlement demand raises the specter of extortion, and the extent to which a potentially extortionate settlement communication should be outside the scope of the privilege.Read More ›