Art, Entertainment & Sports Alternative Dispute Resolution (ADR)

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Boston Stripped of Surrounding Community Status for Wynn Project

The Massachusetts Gaming Commission (“Commission”) stripped Boston of its status as a “surrounding community” for the proposed Wynn casino. While initially the Commission appeared to agree with Boston that the Commission...more

Massachusetts Gaming Commission to Decide Wynn Agreement With Boston

In the race for eastern Massachusetts’ sole casino license, Mohegan Sun and Wynn Resorts attempted negotiating Surrounding Community Agreements with the City of Boston. The agreements are designed to compensate surrounding...more

“Raging Bull” Decision Highlights Importance of ADR in Entertainment Disputes

“Raging Bull” is a classic 1980 motion picture directed by Martin Scorsese and starring Robert De Niro as boxer Jake LaMotta. In the case of Petrella v. Metro- Goldwyn-Mayer, Inc., the United States Supreme Court recently...more

Department of Justice Opens Review of ASCAP and BMI Consent Decrees

The Antitrust Division of the Department of Justice this month announced that it has opened a review of the 73-year-old ASCAP and BMI Consent Decrees. In its press release, the DOJ noted that it is most interested in comments...more

If Donald Sterling Fights the NBA, He’s Going to Lose

When I wrote my last post, the only statements we had from Donald Sterling regarding his recent scandal were those contained on the recording that got him in trouble in the first place. Since then, he spoke publicly for the...more

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

Massachusetts Tax Developments - A Reed Smith Quarterly Update (4th Quarter 2013)

Welcome to the latest Reed Smith Massachusetts State Tax Quarterly Update. In this update, we’ll take a look back to the developments from the last quarter of 2013, and look ahead to some percolating issues at the Appellate...more

Sports, Media and Entertainment Intelligence - 2014

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

The Court of Arbitration for Sport (CAS) prepares for the Olympic Winter Games in Sochi

The Court of Arbitration for Sport (a permanent arbitration institution specialised in the resolution of sports law disputes) opened a temporary office in Sochi, Russia on 28 January 2014, headed by the CAS Secretary General,...more

Why A-Rod Faces Long Odds in His Attempt to Overturn the Grievance Arbitration Award

On Saturday January 11, 2014, arbitrator Frank Horowitz reduced Alex Rodriguez’s suspension from 211 games to 162 games (plus any 2014 post-season games) for his use of performance enhancing drugs (“PEDs”) and obstruction of...more

What A-Rod Can Teach About A-rbitration

Arbitration is in the news. Not just a buried paragraph in the business section, but the front page. (A three-arbitrator panel issued a 34-page arbitration award finding Major League Baseball was justified in suspending...more

Bernstein Shur Business and Commercial Litigation Newsletter #34

We are pleased to present the 34th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including articles and links...more

Was A-Rod Smart To Walk Out on his Arbitration?

Did embattled Yankee third baseman Alex Rodriguez make a sound strategic judgment in walking out of his grievance arbitration hearing yesterday concerning his 211-game, PED-related suspension after the arbitrator denied his...more

Lance Armstrong Confession Injects New Life Into Insurance-Related Arbitration Dispute

Here is a cautionary tale for insurers with respect to the enforceability of settlement agreements. SCA Promotions, Inc. (SCA), a Dallas-based company that offers prize indemnification insurance to athletes, has been...more

Alex Rodriguez Files Lawsuit Against MLB

Alex Rodriguez Files Lawsuit Against MLB by Anthony Caruso on October 9, 2013 After several weeks of speculation, New York Yankees third baseman Alex Rodriguez announced that he has filed a lawsuit against Major League...more

Court of Arbitration for Sport Upholds UEFA Decisions

On 28 August 2013 the Court of Arbitration for Sport (CAS) dismissed the appeals lodged by both Fenerbahce SK and FC Metalist Kharkiv, respectively. The appeals were filed in response to judgments made by UEFA that both...more

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

The first problematic contract provision often found in sports industry contracts are arbitration provisions. Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more

Is Jacob To Laban As Weiner Is To The Original Talk Radio Network?

Jacob was in love with Rachel, but he had a problem. What could he offer Rachel’s father Laban for her hand? Not having much, he offered to work for seven years. Laban seemed to find this acceptable, but when the seven years...more

Game Developer’s Conduct Justified Granting Publisher a Permanent Royalty-Free License

On April 9, the U.S. Court of Appeals for the 5th Circuit issued an order upholding an arbitration award against a video game developer and granting a publisher a perpetual license in the developer’s game due to the...more

Taking advantage of ADR in the entertainment industry - IP cases in the entertainment industry are great candidates for mediation...

As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality alternative dispute resolution (ADR)...more

The Kinkade Case, Or How Not to Conduct an Arbitration

While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator....more

Information Friday: Some News to End Your Week

Here’s a round-up of ADR news happening around the world. So, take a break, grab a cup of coffee and get informed!...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

En Vogue - Bragg v Jones

Order Granting Enforcement of Arbitration Award

Former band members of 90's "En Vogue," settle trademark dispute via arbitration award. Defendant's in the case question if the arbitrator over-reached in making a decision on the merits of the case when those questions...more

Consideration and Mutuality Remain Key for Enforceable Employment Arbitration Agreement

This decision, Sniezek v. Kansas City Chiefs Football Club, underlines the importance of observing the contractual nature of an agreement to arbitrate. It is also another case which warns of the dangers of an employer: a)...more

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