Features
Third Cir. Upholds Contempt Order In 'Drifters' Case
The U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding.
Provisions in Book Author/Studio Contracts Covering Motion Picture Sequels
Anyone following summer motion picture releases will note the seasonal prevalence of big budget sequels to successful films. In some instances, sequels are derived solely from the scripts of previously produced motion pictures (<i>e.g.</i>, <i>Terminator</i>, <i>Night at the Museum</i>). In other instances, they connect with books or book series that were made into one or more prior films (<i>e.g.</i>, <i>Harry Potter and the Half-Blood Prince</i>, <i>Angels & Demons</i>). Mindful of the vast rewards that can flow from these so-called "franchises" (<i>e.g.</i>, the James Bond franchise), Hollywood studios structure their agreements with book authors to maximize their chances of creating one.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Bet-the-System Disputes: When Minor Issues Can Get Out of Control
It's not common that a franchise is embroiled in a dispute that has the potential to disrupt or force operational changes to the entire system. But when those situations arise, franchisors are faced with the unpleasant decision whether it's worth taking on the "bet-the-system" challenge.
Features
Insurance, Indemnification and the Franchise Relationship: How to Make 'Belt and Suspenders' Work for Your Business
Unless one is aware of the potential pitfalls, even so-called "iron-clad" indemnification clauses or insurance provisions in a franchise agreement can be all for naught. This article discusses the interplay between insurance, indemnification, and the default common-law rules, so that franchisors and franchisees can avoid those dangerous pitfalls.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Grant Money Doesn't Come Free: How to Keep Your Company Out of Trouble When Using Federal Funds
Private companies should take advantage of the unprecedented funding created by the American Recovery and Reinvestment Act. Before they avail themselves of that funding, however, they must take careful stock of the requirements that accompany every aspect of the grant, from accounting under a grant to intellectual property created with those grant funds.
Features
Beyond the Signed Agreement: Intercreditor Dynamics in Bankruptcy
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling.
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