Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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RIAA Counsel Appointed Appellate Judge
May 28, 2008
Richard L. Gabriel, the lead attorney for the Recording Industry Association of America (RIAA) in its copyright-infringement suits against individuals over the file-sharing of music, has been appointed to the Colorado Court of Appeals.
<b>Practice Notes:</b> Judge Denies Fees to Lawyers in Hip-Hop Bankruptcy
May 28, 2008
A bankruptcy judge slammed a New York law firm for putting its own desire to be paid above the interests of its hip-hop publishing client in a Chapter 11 proceeding. In a stinging 38-page decision, Southern District of New York Bankruptcy Judge Arthur J. Gonzalez denied Windels Marx Lane & Mittendorf any compensation for its work on the bankruptcy of hip-hop media company Source Enterprises Inc.
'Purchaser' Didn't Include Disney Subsidiaries
May 28, 2008
The California Court of Appeal, Second District, decided that the term 'Purchaser' in an agreement for 'Walt Disney Productions' to purchase rights in the novel 'Who Censored Roger Rabbit?' and its characters didn't apply to Disney's subsidiaries.
Focusing on Issues In Artist/Label 360-Degree Deals
May 28, 2008
One could argue that the concept of the '360-degree deal' harkens back to the record business of the 1950s and 1960s. Then, labels would commonly provide integrated A&R, publishing, management and promotional services to their artists, as well as put them out on tours with their label mates. But today's 360 deals are substantially different. Generally, a 360 deal has a label participating in revenue streams outside of its traditional business of manufacturing and distributing recordings.
<i>Commentary:</i> Favored-Nation Clauses: Live Nation's Expansion Into 360-Degree Deals with Artists
May 28, 2008
I think the 10-year deal that concert-industry giant Live Nation just closed with Jay-Z is brilliant. It builds on Live Nation's groundbreaking deal with Madonna and reinforces its unique position to make these deals profitable.
Client Attrition: More Tools to Stem the Trickle of Lost Work
May 28, 2008
The billable hours lost each month to attrition stand to impact a firm's bottom line unless firm managers counteract this trickle with affirmative measures.
Joint-and-Several Allocation and Policy Provisions Governing the Stacking of Limits
May 28, 2008
The Pennsylvania Supreme Court has adopted a 'multiple trigger' approach, whereby, under primary insurance policies obligating the insurer to 'pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay,' all stages of the disease process, from initial exposure through incapacitation, are deemed to be 'bodily injury' triggering coverage under all primary policies on the risk during the entire period in which the disease evolved.
Damages Beyond the Policy Limits
May 28, 2008
The New York Court of Appeals recently rendered two important insurance coverage decisions that are certain to have a dramatic effect on the relationship between New York policyholders and their insurers.
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