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Notwithstanding the dramatic events of the historic mega-bankruptcies over the last two years, little may actually have changed for debtors and potential acquirors of distressed assets on a going-forward basis.
This article explores the facts of both <i>Charter</i> and <i>Young Broadcasting</i> that led the Bankruptcy Court for the Southern District of New York to reach different conclusions regarding what appeared to be substantially similar reinstatement plans.a loan agreement containing terms and interest rates much more favorable than present market conditions may be a valuable asset of a debtor that is worth preserving through reinstatement under ' 1124(2).
Features
Being a Principal in Production and Distribution Agreement Makes Artist Subject to Personal Jurisdiction<br>Complaint over Broadcast Agreement Found Flawed<br>Filming Dance Competition Is of "Public Interest"
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST<br>TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Lawrence Y. Iser, a partner in Los Angeles's Kinsella, Weitzman, Iser, Kump & Aldisert LLP, served as attorney for Jackson Browne in the McCain litigation and is counsel to musician David Byrne in a pending action against Florida Governor Charlie Crist that was filed after Crist used the Talking Heads' song and recording "Road to Nowhere" in Crist's campaign ad for the U.S. Senate. In the Q&A that follows, Iser responds to questions from <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher about litigation and related issues regarding music in political ads.
Features
The U.S. District Court for the Southern District of New York decided that, in paying reduced royalties for English-titled instrumental versions of songs, Universal breached subpublishing agreements that Brazilian songwriters Antonio Jobim and Vinicius de Moraes entered into with Universal's predecessors-in-interest.
This article discusses issues that arise in the context of organization-commissioned materials by employees and third parties, the use of third-party materials, and privacy and publicity rights of performers and audience members.
Features
e-Commerce tools allow e-monitoring of an Internet user's actions ' but the desire of companies and others to know and to track what an Internet user does on the Internet isn't as simple an issue as just setting up the technology and being done with it.
A federal appeals court ruled last month that a trademark-infringement action can be brought against an out-of-state employee of an online retailer who sent a bogus handbag to an address in the Bronx, New York City, from a Web site that offered merchandise to New York consumers.
This article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.