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Art, Entertainment & Sports General Business Civil Procedure

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

by Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Prize Promoter Trudges Forward with March Madness Sweepstakes Lawsuit

by Klein Moynihan Turco LLP on

Prize promotion and risk management company SCA Promotions, Inc. (“SCA”) recently asked the Fifth Circuit to overturn a Dallas federal court’s judgment on appeal in SCA’s March Madness sweepstakes lawsuit against Yahoo! Inc....more

Harvey Keitel Fails Twice to Prove Binding Contract to do Commercials for E*Trade

by Farrell Fritz, P.C. on

In an action for breach of contract, Pulp Fiction and Reservoir Dogs star Harvey Keitel sued E*Trade based upon a Term Sheet entered into between Keitel and advertising agency Ogilvey & Mather NY (“Ogilvey”) for the actor to...more

Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn...

by Brooks Pierce on

On Thursday, the United States filed its brief (link is external)in its appeal of a decision by the district court for the Southern District of New York (link is external), which rejected the US Department of Justice’s...more

Agreeing to Agree: Commercial Division Rules Twice that Term Sheets Were Not Binding Agreements

In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more

Commercial Division Compels Arbitration of a Contract Claim Based on an Arbitration Clause in a Related Agreement

In Fidilio v. Hoosick Falls Productions, Inc., No. 654066/2016, 2017 BL 107640 (Sup. Ct. Mar. 22, 2017), Justice Eileen Bransten of the New York County Commercial Division granted a motion to compel arbitration of a dispute...more

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

Supreme Court Corner: Q1 2017

by DLA Piper on

Star Athletica v. Varsity Brands COPYRIGHT – DECIDED: MARCH 22, 2017 HELD: An artistic feature of the design of a useful article is eligible for copyright protection if the feature (1) can be perceived as a two- or...more

Intellectual Property and Technology News (North America), Issue 33, Q1 2017

by DLA Piper on

A new year is upon us, bringing swift and deliberate change, uncertainty and myriad paradigm shifts in the political and social landscape. It is fitting, then, that intellectual property practice should reflect these shifts...more

The UFC’s Biggest Bout Yet: Its Battle Against Its Fighters’ Antitrust Lawsuit

We have not previously reported on an antitrust litigation that is enveloping the mixed martial arts (“MMA”) world. Six current and former MMA fighters have filed a class action lawsuit against the company that owns the UFC,...more

No Love For Proposed Consumer Class Settlements

by Carlton Fields on

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Three Point Shot - February 2017

by Proskauer Rose LLP on

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

The Supreme Court’s Fashionable Case: Implications for Expanding Copyright Protection to Apparel

by Snell & Wilmer on

Currently before the United States Supreme Court is the question: “[w]hat is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act.”1 Put another...more

Company that Sold Land for Casino Says It Was Gamed Out of Rightful Price

by PretiFlaherty on

The Massachusetts Gaming Commission has a big fight on its hands with the guys who sold the land for a casino in Everett to Steve Wynn. If the commission loses, it could be out millions of dollars....more

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Art Advisors are Not Always Fiduciaries—Lawsuit over Cady Noland "Log Cabin" Dismissed

by Sullivan & Worcester on

The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

by McDermott Will & Emery on

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that...more

Business Litigation Report - October 2016

Structuring Foreign Investment to Ensure Treaty Protection - Although it is common practice for businesses to structure their investments abroad through jurisdictions that maximize tax and other advantages—such as the...more

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC,...more

When Silence is Unambiguous...Has the Seventh Circuit Created Ambiguity Over Review of Arbitrators’ Decisions?

by Foley & Lardner LLP on

United States Soccer Fed’n, Inc. v. United States Nat’l Soccer Team Players Ass’n, No. 15-3402, 2016 U.S. App. LEXIS 17339 (7th Cir. Sept. 22, 2016). The Seventh Circuit decided last month that an arbitrator exceeded his...more

September 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Summary Judgment Horror Story For Stephen King’s Literary Agent

While many breach of contract cases are resolved by motions to dismiss or summary judgment, a recent decision from the Appellate Division, First Department, Kramer v. Greene, (1st Dep’t Aug. 11, 2016), has shown that when it...more

The New Jersey Supreme Court Will Consider Related Questions on Appeal in Two TCCWNA Class Actions

by Bryan Cave on

By now, many retailers have heard of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), which is the basis for several class action lawsuits filed in New Jersey state and federal...more

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

by Nossaman LLP on

Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On...more

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