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Law Firm's Suit Against Popovich Estate Is Dismissed
The U.S. District Court for the Southern District of Ohio dismissed a law firm's declaratory action in a legal representation dispute between the firm and the estate of the late record label executive Stephen Popovich, founder of Cleveland International Records. Cooper & Elliot (C & E) v. The Estate of Popovich, 14-cv-505.
C & E represented the Popovich estate in a royalty dispute with Sony Music Entertainment. The firm has claimed it was entitled to a 33.3% contingency fee from the total proceeds of a 2012 settlement with Sony, including from future royalties. The estate claims, however, that C & E are entitled to the contingency percentage only for the past unpaid royalties Sony owed. In 2014, two days after a Tennessee probate court, which oversees the estate, authorized the estate to file a malpractice suit against C & E, the firm sued the estate in the Southern District of Ohio for declaratory relief. Two weeks later, the estate filed a “substantive” lawsuit against the firm in the Northern District of Ohio.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?