BIT PARTS
March 29, 2013
'Actual Notice' Issue Up Next in Victor Willis Termination Rights Litigation<br>Alleged Access Scenarios No Help to Plaintiff in Suit over Tim McGraw Hit<br>California's Retroactive Right of Publicity Doesn't Violate Due Process<br>Copyright Attorney Fees Assessed Against Ed Sullivan Show Owner
Navigating the Rule 26 Expert Disclosure Rules
March 29, 2013
Even a qualified expert with an opinion based on reliable methodology may never reach the jury if counsel fails to be mindful of the highly technical expert disclosure requirements that the federal rules require and courts enforce with little empathy. .
ROYALTY ROUNDUP Loan-Out Companies; Limitations Defense
March 29, 2013
The 2010 ruling by the U.S. Court of Appeals for the Ninth Circuit that artists can be entitled, under their pre-existing recording agreements, to half of record-label income from digital sales has triggered claims involving thousands of artists.Following are three recent developments in this litigation area.
The Scope of Indemnification in DIP Financing Agreements
March 28, 2013
This article examines the typical DIP financing indemnification provision and the less frequently seen pre-petition indemnification provision, and examines the effect of pre-petition indemnifications on the bankruptcy estate.
Cut Off Dates for The Valuation of Active Assets
March 28, 2013
It is long established under New Jersey law that the cut-off date for equitable distribution of an active asset is the date of the filing of the Complaint. The law in New York, however, allows some flexibility, and other states have departed from the bright-line rule.
Con Ed Reversal Ends LILO/SILO Saga ' And Then Some
March 28, 2013
In January, the U.S. Court of Appeals for the Federal Circuit handed down its decision in <i>Consolidated Edison Company of New York, Inc. v. United States.</i> The decision reverses the only lower court case that had decided a LILO or SILO transaction in favor of the taxpayer, and likely ends the decade-long litigation of these contentious leveraged lease cases.