Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Intercreditor Dynamics in Bankruptcy
John D. Fredericks
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. On the contrary, the intercreditor agreement may have little influence on the outcome of many critical matters that arise in bankruptcy.
Features
Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
ALM Staff
&
Law Journal Newsletters
Explaining 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.
Features
Considerations of Examiner Appointments in Bankruptcy Actions
David J. Baldwin
&
R. Stephen McNeill
Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>
Bit Parts
Stan Soocher
Copyright Infringement/Parody<br>Mechanical Licenses/Prospective Song "Holds" <br>Right of Publicity/"Non-Commercial" Purpose<br>Sampling Licenses/Song Infringement
Features
Labels Attack Music Search Engines
Zusha Elinson
Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.
Features
Cameo Clips
ALM Staff
&
Law Journal Newsletters
COPYRIGHT INFRINGEMENT/JURY INSTRUCTIONS<br>TRADEMARK USES/QUALITY CONTROL
A Look at Law That Restricts Non-Competes In Broadcasting
Michael I. Rudell
&
Neil J. Rosini
New York broadcast employees who otherwise have been subject to restrictive non-compete clauses in their employment contracts are the prime beneficiaries of the Broadcast Employees Freedom to Work Act, NY Labor Law '202-k, signed into law in 2008 by Governor David Paterson. The law forbids some, but not all, attempts by employers in broadcasting media to restrict the range of opportunities for certain employees following the termination or expiration of employment. Similar legislation benefiting broadcast industry employees has been passed in Arizona, Illinois, Massachusetts, Maine and Washington, DC; and non-compete provisions are banned in California.
Restoring Copyrights Ruled Violation of First Amendment
ALM Staff
&
Law Journal Newsletters
The U.S. District Court for the District of Colorado granted summary judgment for a group of artists and businesses that challenged '514 of the Uruguay Round Agreements Act.
Features
New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks
Stan Soocher
Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.
Knock, Knock: Surprise, Opportunity's Here
Christy Burke
Opportunity knocks when you least expect it ' but will it knock when the economy is in freefall and the legal profession is seeing some of its worst layoffs ever? Whether you're an e-commerce attorney, or engage in general practice, the economy can visit your firm ' whether a large partnership or a one-person shop ' and deal a blow. The answer: maybe, if you network!
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