10 Commandments for a Successful Loan Workout
There are indications that commercial real estate loans are on increasingly shaky ground. With that in mind, here are 10 commandments for a successful loan workout.
Asset Sales in Bankruptcy
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.
Challenges to Reinstatement of Debt under Young Broadcasting
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).
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Bit Parts
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"
Cameo Clips
COPYRIGHT INFRINGMENT/NON-TRADITIONAL TEST<br>TRADEMARK INFRINGEMENT/BAND NAMES, ALBUM TITLES
Unauthorized Uses of Music in Campaign Ads
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
Royalty Reduction for English-Titled Songs Is Ruled Contract Breach
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.
Clearing Content for Live Venues' Web Sites
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
Using Technology Can Overcome First Amendment e-Monitoring Worries
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.
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
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