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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

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

Making Sense of the Peter Doig Trial and the Authentication Fallout

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. California, mecca of the film and media production industries in the U.S., is notorious for...more

Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z

Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and his affiliated companies. Mahan v. ROC...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...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

Chris Correa Isn’t Billy Beane and This Isn’t Moneyball

The lights going on and off within the head of former St. Louis Cardinals scouting director Chris Correa were once probably flickering more actively than the lights inside of The Staples Center just before the Los Angeles...more

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

Connecticut Court Possesses Personal Jurisdiction Over “Demonologist” Publisher

In the District of Connecticut, an out of state publisher with no alleged direct contacts with Connecticut recently lost its bid to have a case against it dismissed for lack of personal jurisdiction. Gerald Brittle sued...more

The UNC Former Student-Athletes’ Litigation: The Defense Enters the Field

We wrote last month about the lawsuit filed against the University of North Carolina and the NCAA by former UNC student-athletes Rashanda McCants and Devon Ramsey....more

Update on Athletes’ 75-1.1 Lawsuits Against UNC

Last November, we posted on the putative class action that former UNC football player Michael McAdoo has filed against UNC in the U.S. District Court for the Middle District of North Carolina. ...more

Is It Worth It For Plaintiffs' Counsel To Gamble On Merger Class Actions in North Carolina?

I hadn't written anything yet about the multiple shareholder actions challenging the merger of PokerTek -- a developer and distributor of electronic table (gambling) games -- with Multimedia Games -- another developer and...more

Forged artwork case illustrates proportionate liability

In McBride v Christie’s Australia Pty Limited [2014] NSWSC 172, the Plaintiff purchased a painting at an auction held by Christie’s Australia Pty Limited (“Christie’s”) through a bidding agent, Vivienne Sharpe. The vendor of...more

Section 75-1.1 Stars in New Putative Class Action Against UNC

Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the...more

Court Rules Houston Astros Cannot Strike Out Fiduciary Duties in Bankruptcy

Introduction - One of the incentives that Delaware law offers founders of business entities is the ability to tinker with the fiduciary duties that the managers of the business owe. While the duties owed by corporate...more

Chad Elie v. Ifrah Law PLLC

CERTIFICATE of Interested Parties filed by Plaintiff Chad Elie California

[Docket Text] CERTIFICATE of Interested Parties filed by Chad Elie that identifies all parties that have an interest in the outcome of this case. . (Chattah, Sigal) (Entered: 05/22/2013)...more

Chad Elie v. Ifrah Law PLLC

MINUTE ORDER IN CHAMBERS [re Removal of Civil Action to USDC]Nevada

[Docket Text] MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 5/21/2013. Statement regarding removed action is due by 6/8/2013. Joint Status Report regarding removed action is due by 6/23/2013. (Copies have...more

Chad Elie v. Ifrah Law PLLC

Notice of Removal of Action to USDC District of Nevada by DefendantsNevada

[Docket Text] PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-13-679951-C, (Filing fee $ 400 receipt number 0978-2825493), filed by Alain Jeffery Ifrah, Ifrah PLLC. Certificate of...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

Interesting Business Law And Litigation News From Around the Web 10-25-2010 - 10-31-2010

Interesting articles and business law and litigation new from around the web. 10/25/2010 - 10/31/2010....more

An Advertising Face-Off: Images and the Right of Publicity

The California Supreme Court heard oral argument on June 3 in an important “right of publicity” case, Christoff v. Nestle USA Inc. Please see full post for more information....more

Van Den Brulle v. Niedermaier, Inc. (incorrectly docketed as "Den Brulle v.")

Brief in Opposition to Defendants' Motion to Dismiss under Fed. R. 12(b)(1)New York

Opposition to motion to dismiss on the ground of lack of subject matter jurisdiction -- in this case, the Copyright Office had actually refused to register plaintiff's work, claiming a lack of originality. We argued that...more

Phish, Inc. v. Knighthood Tees

Ruling on Motion for Preliminary InjunctionVermont

District Court Judge Murtha's Order denying Phish's Motion for Preliminary Injunction except as to use of the registered mark PHISH, which defendants had previously, voluntarily agreed to forego using. The exhibits to the...more

Phish, Inc. v. Knighthood Tees

Reply In Support of Motion to Dismiss for Lack of JurisdictionCalifornia

Defendant Knighthood Tees Reply Memorandum In Support of its Motion to Dismiss argues that (a) defendants did not purposefully interject themselves into the stream of commerce in California, (b) that it would be unduly...more

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