Law Firm Sues Vivendi over Messier Fees
The law firm King & Spalding has sued Vivendi S.A. over the alleged failure to pay legal fees billed for the defense of Vivendi's ex-CEO in a securities class-action trial that resulted in a jury verdict against the Paris-based telecommunication and entertainment company.
Features
First Sale Doctrine Gets Multiple Views In Ninth Circuit
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry.
The Art of Appealing MPAA Film Ratings
In recent months, there have been several rating-appeal decisions. This article addresses the steps available to filmmakers and distributors when a film they plan to release receives a rating they believe is overly restrictive. While an unwanted rating cannot always be avoided, there are steps that can be taken to try to change the rating.
Outlook for 2011
According to this author, "2011 is going to be a tough and rough year for most of the middle market in the U.S.
Features
Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down
The Second Circuit summarily affirmed a bankruptcy court's designation of a secured lender's vote on a reorganization plan in a two-page order, effectively enabling the debtor to cram down the lender's claim.
Manatt Settles Malicious Prosecution Suit for $25 Million
Ending 13 years of litigation, Manatt, Phelps & Phillips has agreed to pay $25 million in damages to Los Angeles businessman Stewart Resnick and his wife, Lynda, in a case that began over trademark and advertising claims related to the late Diana Spencer, Princess of Wales.
Ruling Keeps Glass Half Full for iMilk App Copyright Claim
In a court battle over the rights to an iPhone app that converts a phone into a virtual glass of milk, a federal judge in Harrisburg, PA, has ruled that the creator of the iMilk app may pursue claims against Hershey for copyright infringement, trade dress and tortious interference.
John Does Under Fire for File Sharing
A series of John Doe suits has been filed by U.S. Copyright Group in Virginia's Northern District against thousands of anonymous defendants who allegedly used so-called torrent technology to illegally share copyrighted content online.
Features
Viacom Appeal May Decide Future of the Web
A long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit ' and the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.
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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 ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Reset Clauses In Ground LeasesThe purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.Read More ›