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Features
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
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
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Features
This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.
Features
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
The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.
Features
At first glance, Chapter 15 might appear to have the relatively minor role of staying actions against U.S. assets while the main foreign proceeding moves forward. However, as one recent case out of the Southern District of New York demonstrates, Chapter 15 carries the potential to significantly impact not only the main foreign bankruptcy, but civil litigation in the United States as well.
Features
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Features
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.
Columns & Departments
Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld