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In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.

Harvard Law School Fall 2010 Entertainment Symposium<br>Nashville Bar Association Annual Entertainment Law in Review

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Evidentiary Restrictions on Proving Copyright Substantial Similarity<br>Profits Accounting for Use of Band Name Is Nondischargeable Debt<br>Third Amended Complaint Allowed in Karaoke Case

When Christopher S. Harrison first joined DMX Inc. in 2005 as vice president of business affairs, he says the new-employee paperwork required by the company was a good omen. He says he signed a waiver that he would not complain about offensive lyrics in the music playing in the office. "I knew I had made the right decision," says Harrison, now general counsel of DMX, an Austin, TX-based music provider to retailers, restaurants, hotels and other businesses. "We have music, different kinds of music, playing in pretty much everybody's office all the time," says Harrison, a fan of hip-hop and classic rock.

CONCERT PROMOTION/TICKET SALES DISPUTE<br>COPYRIGHT INFRINGEMENT/INDEPENDENT CREATION

Former Rutgers University star quarterback Ryan Hart got another shot at suing video game company Electronic Arts Inc., which allegedly earned billions by exploiting his persona and that of other college football stars. A federal judge in the District of New Jersey recently dismissed Hart's case but gave him 20 days to file an amended complaint to beef up one of his claims: that Electronic Art, based in Redwood City, CA, infringed on his right of publicity.

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The U.S. District Court for the Eastern District of New York dismissed a federal RICO claim that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs.

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