Bankruptcy Filing Allows Artist to Reject Agreement to Collect Artist's Royalties
February 02, 2006
Artists have sometimes used bankruptcy filings to end personal service agreements, such as recording contracts, and even as a tool in renegotiating deals. A key issue has been whether an artist's bankruptcy terminated such an agreement. The U.S. Bankruptcy Court for the Southern District of New York, Poughkeepsie Division, has now decided that an artist in bankruptcy may reject an agreement he or she entered into for a third party to collect the artist's royalties.
Clause & Effect
February 02, 2006
Mandatory forum selection clauses are 'prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances. ... Plaintiff has failed to demonstrate that enforcement of the instant forum selection clause is 'unreasonable.'
Spyware Suits Shed Light On DMCA Concerns
February 02, 2006
Last November, when millions of music lovers were shocked to discover that Sony BMG Music Entertainment had installed spyware-type software on over 4.7 million CDs, Princeton University computer science professors Edward Felten and J. Alex Halderman weren't surprised. The two computer-security experts uncovered Sony BMG's secret software ' designed to prevent CD piracy ' about a month before the public. But fearing copyright lawsuits from Sony BMG, Felten and Halderman say they kept their findings as hidden as the software. They aren't keeping quiet anymore. In December, the researchers filed a comment at the U.S. Copyright Office seeking an exemption from the Digital Millennium Copyright Act (DMCA), the law that they say stifles their work.
Courthouse Steps
February 02, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Hotline
February 02, 2006
Government supervision of cleanup is part of the cost of pollutingIn an 8-2 en banc decision, the Third Circuit has overruled its own precedent and held…
Litigation Budgeting: No Crystal Ball Required
February 02, 2006
Litigation may be simply one of the costs of doing business, but it's no secret that the difficulty in predicting those costs adds to the frustration in corporate legal departments. Concerns about costs and how to control or predict them weave their way throughout a survey of corporate litigation trends commissioned for the second consecutive year by Fulbright & Jaworski L.L.P., and conducted by an independent research firm. This article discusses one of the most effective, yet surprisingly underutilized tools for managing litigation costs: the litigation budget from outside counsel.
Sarbanes Oxley And The Non-Public Subsidiary: A Non-Sequitur?
February 02, 2006
By now, corporate counselors are well acquainted with the fact that the Sarbanes-Oxley Act (SOX) and its whistleblower protections apply to publicly traded companies. What is less well known is that the Sarbanes-Oxley whistleblower protections can also apply to non-public subsidiaries of publicly traded companies. Although the Department of Labor Administrative Review Board noted that it has not addressed the issue at the appellate level, a number of OSHA Administrative Law Judges (who hear SOX whistleblower cases at the trial level) have done so, and their decisions uniformly hold that SOX <i>can</i> protect the employees of <i>non-public subsidiaries</i> of publicly traded companies under certain circumstances. Those decisions also provide practical guidance for corporate counselors who want to limit SOX coverage strictly to the publicly-traded parent.
Voluntary Waiver At The Barrel Of A Gun
February 02, 2006
The federal government is no friend to the attorney-client privilege. That's just simply a fact. Perhaps no other factor lately has applied greater pressure on the privilege than the government's practice of insisting on waiver of the privilege as an indication of cooperation. Certainly other agencies have gotten into the act, but the Justice Department and the Securities and Exchange Commission (SEC) lead the charge in requiring corporate investigation targets to sacrifice confidentiality for the benefits of cooperation. <br>But for the corporate target, the immediate and practical implications of a government-demanded waiver are serious. A party's decision to waive the privilege can have significant consequences, not the least of which may be the inability to assert the privilege in downstream or parallel litigation that so often accompanies a government investigation.
