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Columns & Departments

BIT PARTS

Stan Soocher

'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation<br>Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit<br>California's Retroactive Right of Publicity Doesn't Violate Due Process<br>Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner

Features

Navigating the Rule 26 Expert Disclosure Rules

Ricardo Woods & Taylor Barr

Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .

Columns & Departments

COUNSEL CONCERNSDC Comics Denied Sanctions in Superman Copyright Dispute

Amanda Bronstad

The U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman.

Columns & Departments

ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense

Stan Soocher

The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.

Features

The Scope of Indemnification in DIP Financing Agreements

Thomas Fawkes & Elizabeth L. Janczak

This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.

The Mutual Benefits of Trust: Building an Attorney-Client Relationship in Collections Work

Brett Boehm

With a commitment to some fundamental operating principles and a focus on building a mutually beneficial relationship, both the collections attorney and his or her client can develop and maintain a long-term working relationship that really is, for all intents and purposes, a partnership.

Cut Off Dates for The Valuation of Active Assets

Lynne Strober

It is long established under New Jersey law that the cut-off date for equitable distribution of an active asset is the date of the filing of the Complaint. The law in New York, however, allows some flexibility, and other states have departed from the bright-line rule.

Features

Con Ed Reversal Ends LILO/SILO Saga ' And Then Some

Philip H. Spector

In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.

Features

Flawed Forensic Custody Reports

Jeffrey P. Wittmann

When a report has meaningful flaws that get in the way of trial goals, it is important to amplify the data and conclusions that support a client's interests so that they rise above, or overwhelm the "noise" that will be created by the other side .

Features

Child Custody Factors: Relationship with Both Parents Gains in Importance

Timothy M. Tippins

Deciding between parents in a contested child custody dispute is one of the most daunting challenges a court can face. Here's an in-depth look at the issue.

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