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  • While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.

    October 28, 2011Alan M. Christenfeld and Barbara M. Goodstein
  • Many employers have implemented ' or at least considered implementing ' social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information. Many of these policies likely contain blanket prohibitions of disparaging, discriminatory or defamatory remarks in relation to the company or its employees. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of a NLRB recent decision.

    October 28, 2011Joseph G. Schmitt and Lisa M. Schmid
  • Fox Film's Refusal to Return Initial Investment Isn't Breach of Co-Financing Agreement
    Oklahoma Federal Court Finds Fraudulent Transfer of Songwriter's Assets
    Trading Card Series Is Protected Speech
    Video Game Developer's Counterclaim Seeking Milestone Payment Avoids Summary Judgment

    October 28, 2011Stan Soocher
  • COPYRIGHT INFRINGEMENT/GRAND RIGHTS IN PLAYS
    DIGITAL DISTRIBUTION/SONG ROYALTIES

    October 28, 2011Stan Soocher
  • No musicians played on the steps of the Supreme Court when inside the justices heard oral arguments in Golan v. Holder, which touched on a range of intellectual property issues and musical works from classical's Dmitri Shostakovich and Igor Stravinsky to classic rock's Jimi Hendrix. The impact of how the high court interprets Congress' 1994 amendments to the Copyright Act could affect the future use of possibly millions of pieces of works and may refine how U.S. law defines acceptable use versus infringing abuse in a global community.

    October 28, 2011Roy S. Gutterman
  • While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.

    October 28, 2011Judith L. Poller and Elizabeth Warner
  • The Examination Under Oath is an old, time-tested tool. It is a condition in the policy, and the purpose is to allow insurers to obtain necessary information and documentation to process claims. The purpose of the discussion in this article is to show that courts recognize this condition and enforce cooperation between insured and insurer.

    October 28, 2011Robert N. Berg
  • In affirming an April Chancery Court decision, the Delaware Supreme Court decided that a proposal by Liberty Media Corp. to split off some of its assets does not violate a successor obligation agreement with bondholders that prevents the media conglomerate from disposing "substantially all of its assets.

    October 28, 2011Jeff Mordock
  • Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.

    October 28, 2011Stan Soocher