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Bankruptcy Trust Doesn't Get Artist's Royalties in Perpetuity<br>Bob Marley Sound Recordings Held to Be Works for Hire<br>"Dubious" View of Right-of-Publicity Protection for Logo
DE Bankruptcy Court Denies Appointment of Examiner Despite Statutory Mandate
The United States Bankruptcy Court for the District of Delaware recently denied the appointment of an examiner, notwithstanding the fact that the statutory threshold which arguably mandates the appointment of an examiner upon the request of a party in interest had been satisfied.
A Look at Revisions to New York State's Ticket Resale Law
Even with the success of some major tours, the 2010 concert business is turning out to be an economic disappointment. Consumers have long raised concerns over ticket prices and ticket availability, but the currently weak U.S. economy has made these issues more pressing. This article discusses the recent comprehensive changes in New York's ticket resale statute. The detailed law, which is set for further revision next year, touches on many hot-button, ticket resale aspects that in general impact venues, promoters, artists and others in the live event industry.
Features
Tax Credits Help Georgia Lure Film Productions
In Georgia, the glamorous world of entertainment law has gotten a boost because of tax credits created by the 2008 Georgia Entertainment Industry Investment Act. The law provides tax credits of up to 30% for money spent on production and post-production work done here on films, TV shows, commercials, music videos and even video game development and animation. The law's economic impact has been huge.
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Contractually Amendable Retiree Health and Welfare Benefits
In a controversial decision, the Third Circuit has ruled that a debtor must comply with the stringent procedural and substantive requirements of 11 U.S.C. ' 1114 to terminate retiree health and welfare benefits that the debtor contractually retained the right to modify at will.
News Briefs
Highlights of the latest franchising news from around the country.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›