Bit Parts
December 01, 2019
Alleged Verbal Agreement For Promotion of Concerts Found Unenforceable
"Chapel of Love" Singer's Niece Fails to Show Court in Royalties Dispute Had Personal Jurisdiction over Defendant
Fair Use Defense Can Be Raised Under California's Sound Recording Misappropriation Statute
Some Guidance on Federal Securities Law and Film Financing Disputes
November 01, 2019
Disputes over film financing agreements are common, but there are few court decisions that address film financing dustups involving §10(b) of the federal Securities Exchange Act. Now the U.S. District Court for the Middle District of Florida has issued a ruling that addresses the pleading requirements for alleging a §10(b) violation, in litigation between an investor and a film production company.
What Is the Appropriate Statute of Limitations Period for BIPA Claims?
November 01, 2019
The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.
'Weinstein' Clauses In Acquisition Agreements
November 01, 2019
The purpose of a Weinstein clause is to provide assurance that the target company (including its officers and executives) is not a hotbed of sexual harassment or a ticking time bomb of claims waiting to explode. This article on drafting and negotiating Weinstein clauses should help entertainment and media deal teams balance these risks.
It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases
November 01, 2019
In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?
Cultural Icons Spawn Lawsuits Worth Close Looks
November 01, 2019
The ownership of intellectual property rights can be at the core of legal disputes involving pop culture icons. Considering the goodwill, effort and money spent in building a brand, character or commercial impression, it is not surprising that parties to intellectual property agreements find themselves revisiting their arrangements over time. That is what is happening in two recent federal lawsuits, one in New York involving a beloved figure in Philadelphia sports and the other in California focused on the Old Spice cologne commercial jingle.
Players on the Move
November 01, 2019
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Bit Parts
November 01, 2019
Sixth Circuit Agrees Non-Party Interview Quotes Are Inadmissible Hearsay for Purpose of Establishing Direct Evidence of Copying in Infringement Case over Classic Rock Song "Gimme Some Lovin'"
Transformative Use Defense Defeats Hard Rock Hamilton Persona Suit over Gears of War Character
