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Bit Parts
February 01, 2012
Default Against iTunes in Artist's Download Suit Is Set Aside<br>Michigan Gets Governmental Immunity in Tax Credit Case<br>Translation Lyrics Suit Can Be Heard in New York Federal Court, Despite Appeal of Florida Litigation over Same Song
Supreme Court Rules on Copyright Restoration for Foreign Works
February 01, 2012
The U.S. Supreme Court has ruled that the Constitution did not bar Congress from extending copyright protection to previously free foreign works, such as Prokofiev's "Peter and the Wolf.
<b>Counsel Concerns</b>Singer Toni Basil's Malpractice Suit Was Filed Too Late
February 01, 2012
Singer Toni Basil's legal malpractice suit against the attorney and firm who, she argued, did not adequately protect her rights to her 1980s pop standard "Mickey," must be dismissed as time barred, a New York appellate court ruled.
Recourse Strategies In the New Age of .XXX Domain Names
February 01, 2012
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Misrepresentation Claim over Song in DVD Is Dismissed
February 01, 2012
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs' composition "I Am the Greatest" had been included in the defendants' DVD AND1' Mixtape' X.
Unsettled Issues Are Raised By Bid to Terminate Copyright Grants in Village People Songs
February 01, 2012
To complement our recent article on the termination of rights under copyright in sound recordings, we focus here on termination of rights under copyright in musical compositions ' and particularly on the pending lawsuit in California in which rights in some iconic songs made famous by the Village People are in dispute.
Technology Can Cap Internet Facilitators' Liability
February 01, 2012
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
UGC Campaigns and Right of Publicity
February 01, 2012
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
An e-Cheapskate's Guide to Contracts
February 01, 2012
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
The Balance Sheet
February 01, 2012
This article is the second installment in an ongoing series focusing on accounting and financial matters for corporate counsel.

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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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