Features
Checklist and Commentary on Defenses for Right of Publicity Claims
This article is Part Two of a two-part series. Part One appeared in the April issue of <i>Entertainment Law & Finance</i>. Part Two starts with a continuation of the author's discussion of First Amendment defenses to right of publicity claims.
Features
Ethics and Criminal Practice
Social media can be used to reveal personal communications, provide location information, prove and disprove alibis, establish crime or criminal enterprise and show instrumentalities or fruits of a crime. But there is no one rule of professional conduct that addresses what a lawyer can advise a client concerning the use of social media.
Landlord & Tenant
Analysis of a case involving an action by a landlord for a judgment declaring that the landlord was entitled to an accounting of the tenant's gross sales,
Features
The Covenant of Quiet Enjoyment
Although in many states the covenant of quiet enjoyment is implied in a commercial real estate lease, a landlord can limit its responsibilities and reduce its exposure by narrowing the scope of the covenant in the lease agreement.
Editor's Note
It is with the deepest regret that we must inform you that this issue of LJN's Franchising Business & Law Alert will be the last.
Features
<b><i>Online Extra:</b></i> Nonprofits Ask Copyright Office to Reform DMCA Takedown Procedures
At the end of 2015, the U.S. Copyright Office announced that it would take comments to determine the effectiveness of the safe harbor provisions in the Digital Millennium Copyright Act. It's clear that the Copyright Office will hear some complaints that the DMCA doesn't offer enough of a deterrent against abusive takedown notices.
Features
Insurance for Projects
By using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.
Columns & Departments
Business Crimes Hotline
In-depth discussion of two major cases, one out of Colorado, the other from New York.
Features
'Buck Rogers' Film In Early Stages Not Ripe for Court
In a copyright battle stemming from a Hollywood production company's attempt to revive the "Buck Rogers" science-fiction franchise, a federal judge in Pennsylvania declined to rule on whether the sci-fi hero's universe is public domain.
Features
Equity Crowdfunding
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›