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Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future Image

Music Publishing and Recording Rates and Royalties 2023: Past, Present and Future

Jeff Brabec & Todd Brabec

Part Two of a Two-Part Article In the United States and in most foreign countries, the "performance right" is one of the most important rights of copyright and, in many cases, the most lucrative. In the United States, there is no statutory license under the Copyright Act for this right. Songwriters, composers, lyricists (jointly "writers") and music publishers join these organizations, which in turn negotiate licenses with the users of music, collect the license fees from those users and distribute the monies to writers and publishers based on surveys of performances, specific payment schedules and distribution rules, as well as other factors.

Features

What's Happening With the Concerns Over How Event Tickets Are Sold Online? Image

What's Happening With the Concerns Over How Event Tickets Are Sold Online?

Stan Soocher

The November 2022 tech meltdown of online access that slowed or barred consumers from buying tickets from Ticketmaster for Taylor Swift's Eras Tour, her first since 2018 and the largest one-day ticket demand Ticketmaster had ever faced, generated worldwide coverage and outrage from her fans. But the incident also resulted in a sizzling convergence of many of the issues that have plagued online sales of live events for years.

Features

New Definition of 'Waters of the United States' Image

New Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.

Features

Victims' Rights In Corporate Deferred Prosecutions Image

Victims' Rights In Corporate Deferred Prosecutions

Elkan Abramowitz & Jonathan S. Sack

Deferred Prosecution Agreements (DPAs) have become a significant part of white-collar criminal practice. But DPAs are not without controversy. These agreements have been attacked as too lenient, not forcing companies to be held accountable for illegal conduct. They are also seen as a way for prosecutors to appear tough on white-collar crime while not bringing charges against individuals.

Features

What to Expect from the Next Era In White-Collar Enforcement Image

What to Expect from the Next Era In White-Collar Enforcement

Walt Brown, Melinda Haag, Joshua Hill & JiLon Li

In February 2023, in a significant update to its corporate criminal enforcement policies and procedures, the DOJ announced a voluntary self-disclosure policy applicable in all U.S. Attorney's Offices nationwide. This article discusses the DOJ's recent pronouncements and recent cases with an eye toward identifying trends that companies should keep in mind when preparing for the next enforcement era.

Features

Rule 10b-5 Liability: The Supreme Court and 'Janus' Image

Rule 10b-5 Liability: The Supreme Court and 'Janus'

Anthony Michael Sabino

Part One of a Three-Part Article This three-part series discusses the Second Circuit's recent Securities law landmark case, S.E.C. v. Rio Tinto. However, in order to discuss Rio Tinto, it is important to first understand the Supreme Court landmark cases upon which Rio Tinto is based: Janus Capital Group, Inc. v. First Derivative Trader and S.E.C v. Lorenzo. Janus is discussed here in the first installment.

Features

Securities Litigation In 2023 Showing Continued Muscle Flexing from the SEC Image

Securities Litigation In 2023 Showing Continued Muscle Flexing from the SEC

Jay A. Dubow, Joanna J. Cline & Kaitlin L. O'Donnell

Newer trends — such as environmental, social, and governance (ESG), cybersecurity-related disclosure violations, and cryptocurrency regulation — are likely to provide further fuel for securities litigation and enforcement.

Features

AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023 Image

AI Regulation in the U.S.: What's Coming, and What Companies Need to Do In 2023

Kim Peretti, Dan Felz & Alysa Austin

Part Two of a Two-Part Article In Part One, the authors addressed the industries most affected by AI, and began the discussion on U.S. federal and state regulations to expect in 2023. Part Two, continues the discussion on potential federal AI regulation and what companies can do to prepare.

Features

The Impact of Local Law 97 Image

The Impact of Local Law 97

Matthew Schneid

Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

Features

The Criminal Division's Enforcement Policy: What's New for Companies Deciding Whether to Voluntarily Disclose? Image

The Criminal Division's Enforcement Policy: What's New for Companies Deciding Whether to Voluntarily Disclose?

Jacqueline C. Wolff

Since the DOJ announced a new policy under which companies that voluntarily disclosed violations of the Foreign Corrupt Practices Act has attempted to encourage companies to voluntarily disclose all manner of criminal misconduct beyond violations of just the FCPA, while general counsels worldwide have been wrestling with the question of whether and when it is in the company's best interest to so disclose.

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