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Art Advisors and Duty of Loyalty in Focus Again Over Sale of Basquiat

We reviewed in December an important decision that addressed the duties of loyalty that art advisors may, or may not, owe to their clients in dealing in the art market. That question—of to what extent advisors and...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

He’s got 99 Problems, But a Breach Might Be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship...more

Atlanta Rapper Rich Homie Quan Seeks Cancellation or Transfer of Trademarks and Over $2,000,000 in Damages

Think It's A Game Entertainment, LLC ("TIG"), an Atlanta-based production company, Fly Merchandise Enterprises, LLC ("Fly"), and Girvan Henry ("Henry"), have left Atlanta rapper Rich Homie Quan feeling "some type of way."...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claimsCalifornia

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

News Of The (Shareholder Derivative) World: Record-High $139 Million Settlement In News Corp. Phone Hacking Suit

Putting an end to shareholder derivative litigation arising from News Corp.’s phone-hacking scandal, the company’s directors agreed last week to a record-breaking $139 million cash settlement. According to the plaintiffs’...more

Weekly Law Resume - October 18, 2012: Tolling Agreements vs. Statute of Limitations Waivers

Don Johnson Productions, Inc. v. Rysher Entertainment California Court of Appeal, Second Appellate District Code of Civil Procedure Section 360.5 allows parties to waive the statute of limitations if the parties follow...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a ClaimNew York

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion to Dismiss for Failure to State a ClaimNew York

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

California Employment Law Notes

Employee Who Provided False social Security Number and Other Information Was Barred from Suing For Disability Discrimination Employer Did Not Violate CFRA by Transferring Employee upon Her Return from 19-Week Stress Leave...more

Entertainment Litigation Update

Leaking the Secrets of Survivor: “Outwit, outplay and outlast” is the tagline to the popular CBS reality series, Survivor. That phrase could apply equally to both the rabid online forum in which the show’s fans attempt to...more

UK Supreme Court: Joseph -v- Spiller, a new defence of honest comment in defamation proceedings

The United Kingdom Supreme Court restates the 'fair comment' defence to defamation claims as 'honest comment', relaxing the requirement to provide readers with all of the facts necessary to allow them to judge themselves...more

Dorsey v. Black Pearl Books, Inc.

Order granting injunctionNew Jersey

Preliminary injunction granted in action by Emmy-nominated R&B artist Mark Dorsey against publisher that used his photograph, without authorization, on the cover of a scandalous work of fiction. Claims for false designation...more

Dorsey v. Black Pearl Books, Inc.

OpinionNew Jersey

Opinion by Judge Joseph A. Greenaway granting motion for preliminary injunction on Lanham Act claim in action brought by Emmy-nominated R&B artist Mark Dorsey against publisher that used his photograph, without authorization,...more

Dorsey v. Black Pearl Books, Inc.

Reply Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Junction and Recall OrderNew Jersey

Reply memorandum in support of injunction application by Emmy-nominated R&B artist Mark Dorsey against publisher that used his photograph, without authorization, on the cover of a scandalous work of fiction. Claims for false...more

Dorsey v. Black Pearl Books, Inc.

Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Junction and Recall OrderNew Jersey

Preliminary injunction application on behalf of Emmy-nominated R&B artist Mark Dorsey against publisher that used his photograph, without authorization, on the cover of a scandalous work of fiction. Claims for false...more

Robert Schimmel, et. al., v. Mark Lonow, et. al. (Improv Copyright / Civil RICO Case)

Schimmel v. Lonow, et. al. (Improv) Exhibits to Third Amended Complaint for Copyright Infringement, Civil RICO, related...California

Case Summary: Comics Sue Improv Comedy Club and Distributors, Allege Illegal Use of Material claiming parts of their stand-up comedic performances were recorded and distributed without their consent and sold for profit...more

Robert Schimmel, et. al., v. Mark Lonow, et. al. (Improv Copyright / Civil RICO Case)

Plaintiffs' Third Amended Complaint for Copyright Infringement; Civil Racketeering; Related Supplemental ClaimsCalifornia

Case Summary: Comics Sue Improv Comedy Club and Distributors, Allege Illegal Use of Material claiming parts of their stand-up comedic performances were recorded and distributed without their consent and sold for profit...more

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