LJN Newsletters

This article: 1) as a matter of background, discusses the basic economics of a TALF loan backed by equipment ABS and provides a general overview of the collateral eligibility requirements of TALF relating to equipment ABS, and 2) discusses the key hurdle (i.e., achieving a AAA rating) prospective issuers have encountered, and will likely continue to encounter in the near term under the existing paradigm, in their attempts to structure and execute equipment ABS in the current market.

Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.

Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.

The Second Circuit's recent decision in Rescuecom Corp. v. Google, Inc. is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications.

Anti-SLAPP Motion over Paris Hilton Suit Is Denied
DVD Kiosks Company's Anti-Trust Claim Against Universal Moves Forward
Song Suit over Movies Dismissed For Lack of Personal Jurisdiction

CLAIMS OVER PHOTOS, PERFORMANCE IN DVD
COPYRIGHT INFRINGEMENT/SAMPLED RECORDING

Do the recent rulings in the General Growth Properties bankruptcy spell doom for equipment debt securitizations? Not necessarily so, according to the recent rulings of Southern District of New York Bankruptcy Judge Allan Gropper in the $27 billion General Growth Properties Chapter 11 bankruptcy — at least with respect to the issue of substantive consolidation.