Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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<B><I>Decision of Note</b></i>'Daily Show' Wins Dispute on Fair Use
Stan Soocher
A Manhattan federal district court decided that the airing of an unlicensed clip from a public access TV show to introduce a segment on Comedy Central's "The Daily Show" constituted fair use under copyright law. The "Daily Show" segment at issue opened with a one-second, full-screen shot of the plaintiff ' comedienne/stripper Sandy Kane ' dancing in a bikini. The title of "The Sandy Kane T.V. Show" is visible in the background. The clip is then further shown briefly as part of a video collage. A shorter clip of Sandy Kane's show is used in a commercial promoting "The Daily Show."
Courthouse Steps
ALM Staff
&
Law Journal Newsletters
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Features
Court Rulings on Industry Attorney Fees
Stan Soocher
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are court rulings from recent months that deal with this and related concerns. In future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Features
Negotiating Termination Provisions in Film Talent and Distribution Deals
Jay S. Kenoff
Entertainment attorneys spend a significant part of their time putting deals together and creating agreements reflecting those deals. But these lawyers may occasionally be called on to terminate ' in an amicable fashion ' an agreement that they or someone else has prepared.
Case Notes
ALM Staff
&
Law Journal Newsletters
Highlights of the latest product liability cases from around the country.
American Manufacturers Beware: Product Liability in the European Union
Daniela Stele
Until recently American manufacturers were not likely to be sued in Europe. Now, however, with legislation enacted by European Union Member States, an American manufacturer may be found strictly liable for a defective product.
Practice Tip: Prove Your Case with Circumstantial Evidence of Defect
Lawrence Goldhirsch
In order to recover for any injury caused by a product, the product must be proven to have been defective. Yet many product injuries are caused by defects that are not readily ascertainable. Does that mean you should reject the case or discontinue?
Features
EPA Documents Are Available Online
ALM Staff
&
Law Journal Newsletters
If you are involved in litigation concerning a substance regulated by the Environmental Protection Agency (EPA), the agency has a Web site where you can review dockets and documents: <i>http://cascade.epa.gov/RightSite/dk_public_home.htm.</i> EPA Dockets (EDOCKET) is an online public docket and comment system designed to expand access to documents in the EPA's major dockets. Dockets contain Federal Register notices, support documents, and public comments for regulations the Agency publishes and various nonregulatory activities.
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