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Features

Calif. Court of Appeal Considers How to Draw Line Between Business Consulting and Legal Services In Entertainment Industry Case Image

Calif. Court of Appeal Considers How to Draw Line Between Business Consulting and Legal Services In Entertainment Industry Case

Stan Soocher

The question has been frequently debated in the legal community: What is the difference between an attorney providing business consulting services or acting as legal counsel? The California Court of Appeal recently issued an opinion on the concern in the context of the entertainment industry. Though issued "unpublished," the decision offers insight and guidance on the business consultant/legal counsel dichotomy debate.

Features

How to Obtain Subpoenas for Identifying ISP Users Image

How to Obtain Subpoenas for Identifying ISP Users

Shari Claire Lewis

This article focuses on a recent federal court decision, to explain how the well-developed law provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.

Features

Change In ADR Provider at Issue In Event-Ticketing Fees Litigation Image

Change In ADR Provider at Issue In Event-Ticketing Fees Litigation

Ross Todd and Alaina Lancaster

A new antitrust complaint over ticketing fees has been filed in the U.S. District Court for the Central District of California against Live Nation Entertainment Inc. and Ticketmaster. The plaintiffs in the newly filed suit are challenging Ticketmaster's new arbitration agreement by claiming its protocols for mass arbitrations, laid out in the rules and procedures posted to its website, require "a novel and one-sided process that is tailored to disadvantage consumers."

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Players on the Move Image

Players on the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Latest Decision in Band Name Dispute Among Original "Rascals" Members Second Circuit Upholds District Court's Interpretation of "Broadcasting" in Insurance Policy's Media Exclusion Clause

Features

California Appeals Court Rules on Anti-SLAPP Motion In Battle Over Dueling TV Show Proposals Image

California Appeals Court Rules on Anti-SLAPP Motion In Battle Over Dueling TV Show Proposals

Stan Soocher

State "anti-SLAPP" statutes offer a fertile avenue for motions to strike allegations in lawsuits filed over expressive content. These laws are aimed at allowing a defendant to file a motion to strike a "Strategic Lawsuit Against Public Participation," such as those based on public comments and content issued by a defendant. The most-recent significant anti-SLAPP court decision involving the entertainment industry was issued in December 2021 by the California Court of Appeal.

Features

How §365(n) Can Help Licensees When Licensors File for Bankruptcy Image

How §365(n) Can Help Licensees When Licensors File for Bankruptcy

Richard Assmus, Matthew Wargin, Monique Mulcare & Danielle Corn

This article seeks to explain the scope of §365(n), then touches upon steps that intellectual property licensees can take to minimize the loss of the use of their licenses, such as those involving copyrights in entertainment content, in the event a licensor files for bankruptcy.

Features

Miramax's NFT Suit Over Pulp Fiction Image

Miramax's NFT Suit Over Pulp Fiction

Scott Graham

The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.

Features

Challenges In Being a Pro Sports General Counsel Image

Challenges In Being a Pro Sports General Counsel

Phillip Bantz

Being a general counsel for a professional sports team is a coveted gig, but it's also a job with unique challenges, potential ethical minefields and scandals lurking around the front office, field, stadium and elsewhere.

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