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Copyright Suit Over Miley Cyrus' Hit 'Flowers' Tests Copyright Defenses for "Response" Songs
October 01, 2024
The suit raises the issue of whether "response" songs can have legal protection from copyright owners of the song that generated the response composition.
The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.
Fifth Circuit: Subchapter V Corporate Debtors Are Subject to Discharge Exceptions
October 01, 2024
In the case of Avion Funding v. GFS Industries, the Fifth Circuit held that corporate debtors that elect to proceed under Subchapter V of Chapter 11 are, pursuant to Section 1192 of the Bankruptcy Code, subject to the discharge exceptions set forth in Section 523 of the Bankruptcy Code.
How to Help Lawyers Embrace a Sales Mindset
October 01, 2024
The idea that lawyers and firms don't — or shouldn't — "sell" to clients and prospects remains widespread. It's time we change this perspective. It's neither practical nor sustainable in a legal services marketplace, where competition to keep clients and attract new ones is intense and the ability to stand out from the crowd is increasingly challenging for both lawyers and firms. It's also not what clients want or what serves them best in the long run.
Don't Sleep On Prohibitions on the Assignability of Leases
October 01, 2024
Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.
Fresh Filings
October 01, 2024
Notable recent court filings in entertainment law.
FTC Noncompete Ban Blocked By Federal Court
October 01, 2024
Regardless of whether the FTC's Final Rule ever becomes effective, that will not impact the growing number of state laws that regulate noncompetes and other types of restrictive covenants, meaning that the overall issue of restrictive covenant strategy and compliance remains alive for nearly all employers, even while the Final Rule is currently set aside.
Hold On, I'm Suing: Artists' Copyright Claims over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled In Similar Instances
October 01, 2024
Artists protesting the use of their music in political campaign settings and threatening to sue has been in the news a lot this election season. This article provides a refresher on the smattering of notable decisions as well as a look at the latest in the lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
October 01, 2024
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
Players On the Move
October 01, 2024
A look at moves among attorneys, law firms, companies and other players in entertainment law.

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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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