Part One of this article provided an overview of the three common structures typically used in connection with syndication of equipment finance transactions, as well as addressed UCC issues and syndication of motor vehicle leases. This second installment discusses types of recourse to the seller; allocation of taxes, costs, and expenses; servicing; remarketing and residual support; and securities laws issues.
Houston Blogger Jailed in Anna Nicole Suit
Judge Delays Craigslist Case
A New Jersey judge has dismissed a defamation claim by an Applebee's restaurant franchisee against a man who wrote online of sexual harassment of female employees.
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.
Technology has entered the jury box. While the press has long reported on pending trials, bloggers ' or so-called "citizen journalists," some sitting in juries ' have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
Concert Financing/Loan Guaranty
File-Sharing Suit/Abuse of Process Counterclaim
Song Infringement/Substantial Similarity Test
TV Program Pitches/Independent Creation Defense
The Court of Appeals of Wisconsin agreed with the Wisconsin Department of Revenue that concerts by the Milwaukee Symphony Orchestra (MSO) were "entertainment events" subject to a 5% state sales tax under Wis. Stat. '77.52(2)(a)(2).
BOOK PUBLISHING/PERSONAL JURISDICTION
COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY TEST
RIGHT OF PUBLICITY/UNLICENSED USES
Malpractice Suit Continues over Manilow Musical
Malpractice Suit/Lack of Specificity
