Features
Decision of Note: <b>Madonna Bodyguard Loses Libel Suit Over Photo Caption</b>
The U.S. Court of Appeals for the First Circuit upheld the dismissal of a defamation suit by a former bodyguard of the musical artist Madonna who sued over a photograph of a gay man mistakenly captioned with the name of the bodyguard in a book about Madonna.
Clause & Effect
Film Release/Approvals <br>Production Projects/Agreements In Principle
Anti-SLAPP Defense Nixed in Redding Biography Dispute
Lawyers defending a biographer of Otis Redding failed in their effort to use Georgia's anti-SLAPP statute to block a libel suit brought over the book "Otis!".
A Primer on Protecting Investments In Motion-Picture Productions
If not for the infusion of private capital, many independent films ' generally films produced outside the traditional studio system ' would probably never have been made. That's because banks are unlikely to loan money for such an uncertain and risky venture ' the success of which is greatly dependent on the fickle nature of audiences. But most independent film investors are either unaware of, or pay little attention to, the realities of the theatrical film market. Given the limited potential for widespread independent film success and other inherent investment risks, an entertainment attorney must be diligent and proactive to fully protect a client's film investment.
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
In The Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Arbitration Clauses: Do's and Don'ts for Leasing Lawyers
When faced with a transaction in which the arbitration of potential future disputes would offer advantages over court litigation or other forms of dispute resolution, a critical first step is to create a workable, enforceable arbitration agreement. In most instances, this agreement will be the "arbitration clause" included in the lease. A poorly drafted arbitration clause can create time-consuming and costly delays to the arbitration process. Arbitration agreements must be drafted carefully, and expert advice should be sought on all but the most straightforward two-party, single-contract cases. For U.S. parties involved in cross-border transactions, an arbitration agreement may be more appealing than court litigation because of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") under which awards may be enforced abroad with relative ease. The New York Convention currently has 137 signatory countries. No analogous treaty currently exists for court awards rendered in the United States.
The Latest News on NorVergence
There have been three recent developments in two state courts in the closely watched NorVergence matter. First, a Florida circuit court judge dismissed the State Attorney General's suit against a number of leasing companies, holding that the leasing companies had not violated Florida's laws. Among other things, the court stated that the hell and high water and the waiver of defense and warranties clauses are permitted under Florida law and that the NorVergence forum selection clause is valid and enforceable under Florida law.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining 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.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›