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Recent Rulings on California Anti-SLAPP Motions By Entertainment Attorneys
Defendants in entertainment industry cases often invoke California's “anti-SLAPP” statute, Calif. Civ. Code §425.16, which is meant to bar lawsuits filed to muffle free speech activities or a legal right to petition. This summer, some noteworthy court decisions have come out of California that involved anti-SLAPP motions filed by attorneys who are defendants themselves in entertainment litigations.
Boladian v. Clinton, B267950, in California state court, arose out of a lawsuit filed by musician George Clinton in 2011 in the U.S. District Court for the Central District of California against Westbound Records, its principal Armen Boladian and other music industry parties. In 2013, Stroock & Strock & Lavan and then-firm member Daniel Rozansky were substituted in as Clinton's lawyers in the federal case due to health issues hindering Larry H. Clough, the attorney who originally filed Clinton's lawsuit. Stroock amended Clinton's lawsuit to delete the sound recordings claim against Boladian. The district court dismissed the case with prejudice.
In 2015, Boladian filed a lawsuit in Los Angeles Superior Court against Clinton and Clinton's lawyers, including a malicious prosecution claim. Not long before Stroock had become Clinton's counsel in Clinton's federal lawsuit, Boladian's counsel Paul Duvall sent Rozansky a letter with accompanying documents challenging the viability of Clinton's claims.
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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?