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Bit Parts

Stan Soocher

California Federal Court Decides It Lacks Diversity Jurisdiction over Company that Garth Brooks Started in Tennessee<br>Depositions of NBC Defendants in <i>Dream Machines</i> Case in Louisiana Occur in New York and Los Angeles<br>Platters Case in Nevada Ended by Sanction Against Defendant

Features

Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case Image

Earn-Out Payments In <i>Rock Band</i> Video Game at Issue in Delaware Case

Jeff Mordock

Attorneys for Viacom International Inc. told the Delaware Supreme Court in oral arguments in July that their client did not breach the implied covenant of good faith and fair dealing when it failed to renegotiate an agreement with Electronic Arts Inc. (EA) to distribute the video game <i>Rock Band</i>, thereby reducing the earn-out payments to shareholders of the game's developer, Harmonix Music Systems Inc., which merged with the Viacom entertainment conglomerate in 2006.

Columns & Departments

Cameo Clips Image

Cameo Clips

Stan Soocher

Elton John Song "Nikita" Not Substantially Similar to Plaintiff's Composition "Natasha" <br>Use of Faulkner Quote in Woody Allen Film Isn't Copyright Infringement

Immigration Reform Image

Immigration Reform

Roger Tsai

Business owners wear many hats, often including that of human resource manager. Although savvy about sales, marketing and running their operations, entrepreneurs often struggle with employment eligibility requirements, non-discriminatory hiring practices and immigration issues. Examining potential immigration-related liabilities will help franchisees reduce their risk of non-compliance and develop sound employment practices and effective hiring policies.

What Remains of CE-Style Insurance Neutrality After GIT? Image

What Remains of CE-Style Insurance Neutrality After GIT?

Robert D. Goodman & Miranda H. Turner

Among the most hard-fought battles involving insurers, policyholders, and asbestos claimants are those that have played out in bankruptcy courts, district courts and courts of appeals called upon to review orders confirming plans of reorganization in asbestos bankruptcies.

Features

Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i> Image

Rader's Olive Branch: <i>Ultramercial II</i> Resolves the Judicial Deadlock of <i>CLS Bank</i>

Robert R. Sachs

The Federal Circuit's <i>en banc</i> decision in <i>CLS Bank Int'l v. Alice Corp.</i> was roundly criticized as a "nightmare," further cementing the impression that the court was confused and in conflict over the requirements of patent eligibility under 35 U.S.C '101.

Columns & Departments

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Court Watch

Alexander Tuneski

Supreme Court Ruling Makes It More Difficult To Arbitrate Claims

Features

Supreme Court Weighs in on Reverse Payment Settlement Agreements Image

Supreme Court Weighs in on Reverse Payment Settlement Agreements

Melanie L. Mayer & David K. Tellekson

On June 17, 2013, the U.S. Supreme Court held in <i>Federal Trade Commission v. Actavis, Inc.</i> that so-called "reverse payment" settlement agreements should be analyzed under a rule-of-reason analysis under which the court weighs the pro- and anti-competitive effects of such agreements on a case-by-case basis.

Features

Federal Healthcare Employer Mandate Delayed: Now What? Image

Federal Healthcare Employer Mandate Delayed: Now What?

Kevin Adler

With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief.

Features

Second Circuit Won't Rehear <i>Aereo</i> Case Image

Second Circuit Won't Rehear <i>Aereo</i> Case

Mark Hamblett

Aereo, the online service that captures over-the-air broadcasts of copyrighted TV programming and sells them to subscribers for a monthly fee, notched another victory at the U.S. Court of Appeals for the Second Circuit.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (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.
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