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Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case
October 01, 2022
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
Players On the Move
October 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Fifth Circuit Weighs In on Scope of Releases and Exculpation
October 01, 2022
In an important recent U.S. Court of Appeals for the Fifth Circuit decision, the court explored whether exculpation provisions protecting more than just the debtor and committee are appropriate.
Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds
October 01, 2022
The U.S. Securities and Exchange Commission's widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.
Small Business Tenants: Know Thy Lease
October 01, 2022
Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.
Law Firms Loosening Mandatory Retirement Rules Creates Challenges With Younger Lawyers
October 01, 2022
Mandatory retirement policies have dogged Big Law for decades, creating partnership tensions and fractures in some law firm client relationships. But more law firms are beginning to loosen their retirement policies, analysts say, even when it creates more challenges with younger generations of lawyers.
IP News
October 01, 2022
Federal Circuit: Trade Dress Imitation In the Ninth Circuit
Upcoming Event
October 01, 2022
TexasBarCLE 32nd Annual Entertainment Law Institute
Are Voting Rights Provisions In Subordination Agreements Enforceable?
October 01, 2022
Subordination agreements often contain an agreement by the subordinated creditor that, if the issuer is a debtor in a bankruptcy case, the senior creditor can vote the claim of the junior creditor on any proposed Chapter 11 plan. If given effect, such a voting provision can give a senior creditor significant power, relative to both the subordinated creditor and other creditors, to support or oppose confirmation of a plan.
The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts
October 01, 2022
Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.

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