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What to Do When an Entertainment Industry Licensee or Licensor Files for Bankruptcy

Legal uncertainty abounds for entertainment industry licensees and licensors when their license counterparties enter the murky waters of bankruptcy. When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code '365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. By contrast, when a licensee considers filing for bankruptcy, it must consider whether it can assume or assign the license.

2016 Budget Targets Retirement

Last month, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican led Congress, the President's budget may be "aspirational." It is a good indicator of the tools the Administration is prepared to use to fund its wish list.

Raising the Stakes

The government has become increasingly aggressive in pursuing criminal claims not only against corporations, but also against in-house counsel and compliance personnel, for conduct once treated almost exclusively as civil.

Cruise Ship Operator Not Insulated from Responsibility for Health Care Provider

Breaking with longstanding precedent, the Eleventh Circuit recently concluded that previous case law holding cruise ship operators blameless for the negligence of their onboard medical personnel is based on outdated norms. This decision may have far-reaching consequences for shipboard medical malpractice claimants and their representatives.

Marketing Tech: The Compelling Case for Mobile Marketing

Less than half of AmLaw 200 firms have mobile websites, but that may change soon. In January, Google started sending messages to web operators to "fix mobile usability issues."

Family Law in Texas

The most-asked questions about family law in Texas are answered by an expert.

Sales Speak:Lawyers Are in the Relationship-Building Business, But Are They Connecting?

Some things appear to be so simple that we assume (dangerously) that everyone "gets it." But a significant number of lawyers either have no system ' formal or otherwise ' for getting and staying in touch with key people, or do a dismal job of staying connected.

Cooperatives & Condominiums

Analysis of two important rulings.

Average Lateness Methodology

Two recent decisions from the United States Bankruptcy Court for the Southern District of New York, affirmed the use of "average lateness" methodology to examine both the subjective and the objective components of the ordinary course of business defense to preference actions. This article explains the those decisions.

Med Mal News

Important news from Texas and New York.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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