Recent rulings of importance to you and your practice.

The trend toward commercial globalization has led to an increase in the number and complexity of cross-border bankruptcy cases. The ability to overcome differences in legal systems, often through the cooperation and coordination of courts in different countries, can be a key factor in the success or failure of a restructuring.

In their desire to zealously represent clients, practitioners may often attempt to rewrite the Bankruptcy Code or Rules in motions or reorganization plans. However, recent opinions have taken umbrage with these efforts to conduct "practice by ambush" that either propose provisions inconsistent with the Bankruptcy Code or seek to deprive parties in interest of due process, or both. After all, fundamental due process " ... is the cornerstone underpinning bankruptcy procedure...A creditor has the right to rely on the Bankruptcy Code and Rules and to expect to be accorded due process of law in accordance with the Bankruptcy Code and Rules, and the United States Constitution." <i>In re Whelton</i>, 299 B.R. 306, 318 (D. Vt. 2004).

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Does subsequent new value need to be unpaid to constitute a defense to a preferential transfer under section 547(c)(4)? The issue arises when a creditor asserts the subsequent new value defense to a preference action, on the basis that additional credit (goods or services) was extended after the preferential transfer occurred, even if the subsequent new value was paid for by the debtor. With every decade comes a new wrinkle in the discussion on whether the subsequent new value provided must remain unpaid. The issue has been resurrected recently due to the frequency of critical vendor orders authorizing the post-petition payment of pre-petition debt and debtors-in-possession agreeing to pay reclamation claims in exchange for keeping the goods.

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In today's concert scene, high-energy music is often accompanied by audience members who engage in such physical, and sometimes dangerous, activities as crowd surfing, moshing and stage diving. What happens when a member of the audience is injured as a result of such conduct by another concertgoer?

Regardless of which business form an artist selects to handle general music business matters, the touring artist should consider forming a separate business entity under which to conduct touring activities.

The U.S. District Court for the Southern District of New York ruled that a songwriter's suit over the James Brown hit "It's a Man's Man's Man's World" was barred by the 3-year statute of limitations of the Copyright Act.

Taking an artist's act on the road involves a variety of situations giving rise to potential liability distinct from those associated with general music business activity. Overland vehicle travel ' the norm for all but a handful of prominent national touring acts ' is only the most obvious example. The range of activities that take place in presenting a live show, even at the club level, offers a host of others. Thus, an artist's representative should ensure the following types of insurance policies are in place before a tour begins.