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Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...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

Will a court recognize ‘aerosol artists’?

by Thompson Coburn LLP on

You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection....more

Two Heads May Be Better Than One, But Six Heads Won’t Help You Market Your Bar

Monte Thrasher brought a VARA complaint against Marci Siegel and Co-Op 28 for painting over his “Six Heads” mural in the Los Feliz neighborhood of Los Angeles...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

The NFL and Eminent Domain

by Robins Kaplan LLP on

For five months out of the year, society’s norms of socially-acceptable behavior are thrown out the window and replaced by a culture which encourages grown men to paint their chests, neighbors to turn adversaries, and...more

Oh, What Schemes of Glory This Business of Gambling Gives Birth To

by PretiFlaherty on

Article 48, an amendment to the Massachusetts constitution adopted in 1918, states that “the people reserve to themselves the popular initiative, which is the power of a specified number of voters to submit constitutional...more

Wynn Just Bought a Bunch More Land in Everett and You Have to Wonder Why

by PretiFlaherty on

At some point this past spring, casino mogul Steve Wynn acquired the weed-choked, old General Electric property in Everett for an undisclosed sum and an undisclosed purpose. I’m surprised this move has received so little...more

There's a Way to Keep Horse Racing Alive and Help Our Economy and Environment

by PretiFlaherty on

I never liked the idea of turning the Suffolk Downs racetrack in East Boston and Revere into a resort casino. Being from Revere, I feel strongly that there are better uses for that property than gambling. The city and its...more

Court Decisions Define the Future for Tribal Gaming

by Goodwin on

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

Pokemon Go Away: Monsters Creating Nuisance Problems

by Lewitt Hackman on

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

The Pursuit For An Island Casino

by Goodwin on

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

On Your Mark, Get Set, Build!

by Goodwin on

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...more

A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage

Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for...more

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

by K&L Gates LLP on

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

The Smart Guys in Everett Saw Steve Wynn's China Strategy from a Mile Off

by PretiFlaherty on

One of the proverbs lodged in my cranium is, “The judgment of the village is never wrong.” I buy that. I also think that units within cities – neighborhoods, social clubs, busy restaurants, coffee shops and bars -- take...more

Shrinking Buffer Zones? Municipalities Now Have Discretion to Decrease the 1,000 Foot Requirement

by Garvey Schubert Barer on

Looking for a location for a licensed marijuana premises? Changes to the buffer zone requirements may be headed to your fair city. Previously, the Washington State Liquor and Cannabis Board (“LCB”) would not issue a...more

Gaming Legal News: Volume 8, Number 20: Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close?

by Dickinson Wright on

Landlords, Beware! Medical Marijuana And Gaming: How Close Is Too Close? On June 12, 2013, Nevada became the 14th state to legalize medical marijuana businesses. Suddenly, the country’s oldest gaming jurisdiction was...more

Rating Agency Developments

On November 2nd, DBRS updated its rating methodology for Companies in the Gaming Industry. On November 2nd, DBRS updated its rating methodology for European Non-Performing Loans Securitizations. On October 30th, Moody’s...more

The Location Release Agreement: Know Your Lines

by Arnall Golden Gregory LLP on

Thanks to the state’s generous productions incentives, filmmakers are scouting Georgia locations like never before. Makers of feature films, television series, commercials and music videos are knocking on doors, seeking...more

The Unintended Consequences of Public Ownership of Sports Stadiums – The NFL meets Concealed Carry Gun Permits

by Butler Snow LLP on

“Politics is tricky; it cuts both ways. Every time you make a choice, it has unintended consequences.” — Stone Gossard A recent opinion from the Tennessee Attorney General’s office, No. 15-63, July 29, 2015, illustrates...more

Shepard Fairey Tagged: Detroit Issues Arrest Warrant

Shepard Fairey, viewed by some as a cutting edge and important “street artist” and by others as a vandal for his works of graffiti on both public and private property, has had a warrant for his arrest issued by the City of...more

Nevada Set to Regulate Nightclubs in Gaming Establishments

by Dickinson Wright on

In the current legislative session in Nevada, a bill sponsored by the Nevada State Gaming Control Board has been amended to promote the regulation of nightclubs and nightclub employees that operate on a gaming premise. In...more

New Rules On Lease Agreements In The Retail Sector In Italy

by DLA Piper on

A new law in Italy allows the parties to a lease agreement to avoid the onerous statutory provisions law no. 392/78 (the “Tenancy Law”). Effective from 12 November 2014, the parties to a non-residential property lease...more

Law À La Mode - Issue 15 – January 2015 (Global)

by DLA Piper on

In This Issue: - Falling Foul Of China’s Trademark System: The Dangers Of International Trademark Applications In China - Retention Of Title: Protecting Your Business From Customer’s Insolvency - Fashion...more

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