Features
New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.
Features
Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls
Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.
Case Notes
Highlights of the latest product liability cases from around the country.
Coordination of Mass Torts in State Court
With the number of mass/complex cases in state courts on the rise, state court litigants and jurists are recognizing the need to treat these cases differently from garden variety torts and are turning to established, but heretofore little used, state law coordination rules and procedures to manage this growing area of litigation.
Features
<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery
The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.
Criminalizing Product Liability Claims? An Idea from Across the Pond
The Corporate Manslaughter and Corporate Homicide Act of 2007 is yet another example of a worldwide trend toward criminalizing the law of product liability. While the idea of establishing criminal corporate manslaughter has been discussed in the United States, it has not gained much momentum. The recent reform in the United Kingdom, however, may rekindle the efforts to criminalize product liability, especially during the course of this election year.
Features
Bit Parts
Artist Consultant/Unfair-Competition Claim<br>Insurance/Intra-Band Litigation<br>Royalty Complaint/Ringtone and Download Licenses<br>TV-Affiliation Agreements/Promotional Payments
Features
Cameo Clips
CHARACTER RIGHTS/COPYRIGHT TERMINATION<br>FILM PRODUCTION/COPYRIGHT CLAIMS<br>FILM PRODUCTION/RIGHT-OF-PUBLICITY<br>RIGHTS IN BAND NAMES/TRADEMARK CLAIMS
Features
L.A. Litigator James Curry Joins Sheppard Mullin
A founding partner of one of L.A.'s few remaining litigation boutiques has jumped to Sheppard, Mullin, Richter & Hampton's Century City office. Entertainment litigator James Curry took his name off the door of White O'Connor Curry, a Century City firm that spun off of what is now Christensen, Glaser, Fink, Jacobs, Weil & Shapiro in an acrimonious split more than a decade ago.
Features
Hollywood Ties to Anti-Piracy Push Across India
A robust local film industry has kept American films on the margins in India. Foreign films account for only 3% of the market in India, compared to European countries, where American movies account for between 70% and 95% of films shown. So if the United States wants to make a point about film piracy in India, it needs to show Indians that piracy hits the market for their own films, not just those of foreign companies.
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