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Bit Parts
June 29, 2012
Eleventh Circuit Interprets "Licensed Indicia"<br>Humor Website Qualifies as "Internet Service Provider" <br>No Substantial Similarity Found Between Rap and R&amp;B Songs<br>Songwriter Royalties Aren't Immune from Attorney Fees Levy
Unusual Challenges to Content in Film, TV Productions
June 29, 2012
Two recent court rulings ' one involving the movie <i>The Hangover: Part II</i> and the other the TV series <i>South Park</i> ' considered unusual issues in challenged uses of content in entertainment productions.
Supreme Court Issues Narrow Ruling in Vacating FCC Fines
June 29, 2012
The Supreme Court unanimously threw out fines and sanctions against broadcasters who violated the FCC policy regulating curse words and nudity on broadcast television. But the justices declined to follow the U.S. Court of Appeals for the Second Circuit and issue a broad ruling on the constitutionality of the FCC indecency policy.
Retired Players' Antitrust Claim Against NFL Is Dismissed
June 29, 2012
A federal judge dismissed an antitrust action brought on behalf of retired professional football players who accused the National Football League of monopolizing the market for DVDs, videos and films featuring the plaintiffs' names and likenesses.
'Dora' Litigator Gets Contingency Fees, but Less of Client's Future Earnings
June 29, 2012
In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character "Dora the Explorer." But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation.
DMX Can Obtain Its Music Through Direct Licenses
June 29, 2012
After performing-rights organizations ASCAP and BMI lost royalty rate challenges against background music provider DMX Inc. in 2010, they turned to a pair of former U.S. solicitors general to handle their appeals. But all that appellate firepower wasn't enough to turn their fortunes around.
Recent Developments in Anti-SLAPP Cases for Determining Protected Activities
June 29, 2012
In the last three years, there have been a number of decisions issued by California courts on anti-SLAPP motions filed in response to lawsuits arising out of the publication and/or distribution of entertainment works.
e-Commerce Hits New Highs
June 29, 2012
As the general economy slowly recuperates, e-commerce retailing is healthier than ever, according to government estimates.
I've Been Sued ' And I Feel Fine, Because I Was <i>Prepared</i>
June 29, 2012
Going to court isn't just about winning ' it matters that you win at the least cost. You must, in the words of one client, try to avoid the "lawsuit hemorrhage" of fees and costs.
Conducting a Privacy Audit
June 29, 2012
A glance at the headlines reveals that data privacy breaches are increasingly common, and the consequences to corporations are increasingly dire. To avoid those consequences, any corporate entity that collects, uses or transfers personal information must take steps to ensure it is complying with legal requirements for maintaining data privacy.

MOST POPULAR STORIES

  • 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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