SPAC Transaction Challengers Face Uphill Battle
October 01, 2023
Recent decisions by the Delaware Court of Chancery demonstrate that when a special purpose acquisition company (SPAC) transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
Fresh Filings
October 01, 2023
Notable court filings in entertainment law.
Force Majeure Clauses Are Taking Center Stage In Uncertain Times
September 01, 2023
Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process
September 01, 2023
A hybrid workforce has meant that office and retail space is in plentiful supply. These high vacancy rates have caused landlord defaults to be on the rise, making it a tenant-friendly environment for leasing space and obtaining tenant-favorable lease terms. Here is a step-by-step tutorial on how to negotiate the best lease terms and navigate the leasing process while saving money on rent, tenant buildout and operating expenses.
Fourth Circuit Ruling Underscores Judicial Divide On Use of 'Texas Two-Step'
September 01, 2023
A sharply divided U.S. Court of Appeals for the Fourth Circuit ruling shielding a nondebtor in bankruptcy proceedings from asbestos lawsuits underscores the wider and growing divide among judges across the country on the bounds of Chapter 11 protection and corporations' use of the "Texas two-step" to address mass tort litigation.
The Intersection of Generative AI and Copyright Law
August 01, 2023
Whether prompted to write a corporate slogan, create music, generate works of art and advertisements, or summarize a book — GAI can do it all. However, its increasing popularity means that users of GAI programs face substantial intellectual property risks — particularly when businesses use GAI for marketing and other public-facing purposes.
Trade Secrets Management In Taiwan
August 01, 2023
Recognizing the value of trade secrets, many countries have successively enacted and amended laws to strengthen the protection of corporate trade secrets.
Insurance Issues In AI-Related Risks
August 01, 2023
Most entertainment industry organizations have by now heard the warning bells of risks that come with the use of artificial intelligence technology, from data privacy and cybersecurity threats to potential copyright infringement and discrimination claims. In face of the recent spike in AI-related litigation, such risks could soon prove costly, leaving one last barrier of defense for entertainment companies that use AI: insurance.
New FTC Guidelines for Social Media Influencers
August 01, 2023
Internet celebrities with big social-media followings are often approached for advertising and marketing deals, and the money flowing from these third-party arrangements can be in the millions. But the Federal Trade Commission (FTC) moved to update the guidelines for those who profit from such arrangements, and lawyers are saying the new rules involve big but unsurprising changes.
Evolution of Pre-Bankruptcy Planning Raises Questions of Good Faith
August 01, 2023
In recent years, as extensive pre-bankruptcy planning has evolved, bankruptcy filings frequently involve affiliates of larger companies, engineered with a structuring of liabilities in mind. The question of whether these targeted filings are for a legitimate bankruptcy purpose or should be dismissed has been the subject of significant high-profile litigation.
