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Features

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement? Image

What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?

Stan Soocher

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

Features

Scrutiny of Eminent Domain Power Image

Scrutiny of Eminent Domain Power

Stewart E. Sterk

How closely will courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.

Features

NY Court Strips Major Claims from Lil Wayne's Suit Against Lawyer Image

NY Court Strips Major Claims from Lil Wayne's Suit Against Lawyer

Jason Grant

A New York State appellate court knocked out major claims from prominent rapper Lil Wayne's $20 million lawsuit against Ronald Sweeney, his former attorney and representative of 13 years, including causes of action for fraudulent inducement, legal malpractice, breach of fiduciary duty and unjust enrichment.

Features

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown Image

Online Extra: Live Nation Taps Prominent Antitrust Attorney Ahead of Congressional Showdown

Chris O'Malley

Girding itself for scrutiny by Congress and regulators over anti-competitive concerns, Live Nation Entertainment has retained prominent antitrust attorney-turned-lobbyist Seth Bloom.

Features

New Bankruptcy Code May Provide Way Out of Commercial Leases Image

New Bankruptcy Code May Provide Way Out of Commercial Leases

Eric Snyder

In major metropolitan areas, commercial office vacancies have skyrocketed and rents have plummeted. Tenants, required to examine their space needs post-pandemic, are eager to take advantage of the lower rents. A recent addition to the Bankruptcy Code provides these lessees with an opportunity to walk away from above-market leases.

Features

Eleventh Circuit Stops Plan Confirmation Stampede Image

Eleventh Circuit Stops Plan Confirmation Stampede

Michael L. Cook

In a recent ruling, the Eleventh Circuit upended a hastily confirmed reorganization plan. Its holding should stop the stampede known as the "confirmation express."

Features

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code Image

Treating Student Loan Debt Relief By Standardizing 'Undue Hardship' In Bankruptcy Code

Rudolph J. Di Massa & Diane J. Kim

On Aug. 24, 2022, President Joe Biden announced the plan to forgive up to $10,000 in federal student debt for qualifying borrowers. This relief, however, was challenged in the courts and is now pending before the U.S. Supreme Court.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Features

Circuit Split Over Joint and Several Liability for Forfeiture In White-Collar Crimes Image

Circuit Split Over Joint and Several Liability for Forfeiture In White-Collar Crimes

Evan T. Barr

Ever since the Honeycutt ruling by the U.S. Supreme Court in 2017 that co-conspirators convicted of federal narcotics violations could not be held jointly and severally liable, courts have grappled with whether it also applied outside the narcotics context, to forfeiture judgments imposed in white-collar cases.

Features

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent Image

Maryland Appellate Court: COVID-19 Restrictions Not Excuse for Tenants' Failure to Pay Rent

Allison Dunn

Looking primarily to states like Connecticut for guidance, the Appellate Court of Maryland concluded that economic challenges stemming from COVID-19 executive orders themselves are not sufficient to establish the affirmative defenses of frustration of purpose and legal impossibility for failure to pay rent.

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