COVID Shutdown Orders vs. Statutory Rent Obligations
October 01, 2020
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach. This clearly is an evolving trend that should continue for at least the duration of the pandemic and perhaps beyond, as bankruptcy judges and practitioners seek out creative and unique responses to difficult issues.
Upcoming Event
October 01, 2020
28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.
COVID-19 and Force Majeure Clauses
September 01, 2020
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.
FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito'
September 01, 2020
Federal Judge Kathleen Williams recently analyzed the hit song "Despacito" in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
Damages In Trademark Infringement Litigations
September 01, 2020
During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.
Ticket Refund Suits Against StubHub to Get MDL Treatment
September 01, 2020
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
FIFA Decision Confirms Long Arm of Honest Services Fraud
September 01, 2020
United States v. Napout
The U.S. government's lead role in the prosecution of corruption within the Zurich-based FIFA may be a paradigmatic example of U.S. law enforcement acting as the world's policeman. If corruption is based on foreign executives violating their duties of loyalty to foreign private entities, how does that translate into a violation of U.S. criminal law? Does it matter that the conduct in which the foreign executive engaged — commercial bribery — may not be illegal under the law of the executive's home country?
Players on the Move
September 01, 2020
A look at moves among attorneys, law firms, companies and other players in entertainment law.