September 6, 2014 Contract / Copyright / Intellectual Property, Copyright, and Trademark

Roc-A-Fella Records Cannot Dismiss Copyright Infringement Logo Law Suit.

On Wednesday, September 3^rd, Judge Andrew Carter in the Southern District of New York, denied a motion to dismiss filed by Jay-Z & Roc-A-Fella Records seeking to end a contractual dispute.

The dispute arises from an alleged agreement between Roc-A-Fella records and the plaintiff, Dwayne D. Walker, Jr., that was formed in 1995. Dwayne Walker claims that he agreed to design and license the Roc-A-Fella logo to the record label for $3,500 and 2% of all revenue from the sale of items carrying …

September 3, 2014 Contract / Litigation

Adam Carolla Fights Friend in Court Over Podcast Show

This week a trial between long-time friends is set to begin in the Central District of Los Angeles County. Famed radio and television personality, Adam Carolla, will be defending himself and his company, Lotzi Digital, Inc. against claims of contract breach.

Donny Misraje, who has been friends with Carolla since their childhood, sued him in January 2013 over the disputed ownership of the podcast “The Adam Carolla Show.” In 2009, Adam Carolla had already developed a significant fan base through his various …

August 31, 2014 Contract / NFL

Ex-NFL Linebacker’s Workers’ Compensation Claim Proceeds On Basis of Two Games Played in California

As an example of the type of claim likely meant to be curtailed by AB 1309 (previously discussed here), the claim of a former Carolina Panthers/Cleveland Browns linebacker continues to process its way through the California workers’ compensation system.

In his claim, ex-NFL linebacker Tarek Saleh alleged that he sustained multiple injuries while employed as a football player for the Carolina Panthers between May 1997-February 1999 and for the Cleveland Browns from February 1999-January 2002.

When Saleh was traded to the Browns, …

August 25, 2014 Contract

If Kevin Ward, Jr. Signed a Release, Would His Estate be Barred From Suing Tony Stewart, the Raceway, and Others?

Sprint car driver Kevin Ward, Jr. died recently during a sprint car race at the Canandaigua Motorsports Park in Canandaigua, NY. He was struck and killed by a car driven by NASCAR champion Tony Stewart. If Ward’s estate were to file a civil suit, the defendants would likely include Stewart, the raceway owner/operator along with Kenny Habul, and Empire Super Sprints Inc., which is the sprint car series that sanctioned the race. One potential legal issue would be the extent to which a …

August 13, 2014 Contract / NFL

NY Islanders Sale Put on Ice, Would-Be Buyer Seeks $10 Million in Damages

On Monday, August 11, New York Islanders owner Charles Wang was served with a lawsuit demanding $10 million in damages for allegedly backing out of a deal to sell the team.

Philadelphia based hedge-fund manager Andrew Barroway’s company NY ICE claims that on March 10, Wang and Barroway reached a sale agreement, culminating in a handshake. NY ICE was to receive 100% equity in the Islanders in exchange for $420 million. The papers filed in New York County Supreme Court state that the negotiations began …

July 10, 2014 Contract

Miss America Organization Sued for Being Stingy

Wednesday, July 2, The Buckeye Group, a business development company based in Beverly Hills, filed a complaint against The Miss America Organization in the US District Court for the District of New Jersey, alleging breach of contract.

In the complaint, Buckeye alleges that Miss America has failed to make good on contractually owed minimum payments to the business stimulation team. Since 2009, Buckeye has been helping The Miss America Organization restore its financial health and reclaim its cultural significance within the fabric of American society. …

June 22, 2014 Contract / Doping

Armstrong Can’t Escape DOJ Fraud Suit

On Thursday June 19, 2014, Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia ruled on Lance Armstrong’s motion to dismiss the fraud case he is facing against the US Department of Justice. In an 81 page ruling, Judge Wilkins denied Armstrong’s request without prejudice.

Armstrong argued that the case should be dismissed on two grounds. First, he argued the six-year statute of limitations on bringing the suit had run. He also argued the government knew he was using …

April 24, 2014 Contract

James Franco’s Management Team Suing Former Members for Embezzlement

On April 18, 2014, the management firm of Hollywood actor James Franco sued his recently fired talent manager Miles Levy and financial manager Steve Blatt in California state court, alleging that both conspired to fraudulently bilk the actor out of millions of dollars. The suit, filed by Randy James of James Levy Management, accused the defendants of “embezzl[ing] significant sums in commissions [ ] for nearly a decade . . . . The thieves have been caught and the day of reckoning has arrived.” Among …

April 3, 2014 Contract / Litigation

The Battle Over ‘Margaret’ Ends

On Wednesday, April 2, a six-year legal battle over Kenneth Lonergan’s film Margaret, released in 2011 ended. The parties to the suit, Lonergan and the film’s financier, Gary Gilbert, came to a settlement agreement that was recently executed.

In 2005, Gilbert and Fox Searchlight (Fox) agreed to split about $12.6 million in production costs for the film Margaret. In 2007, Gilbert became unhappy with the result of the film’s final cut and according to Lonergan, attempted to seize control of the film despite not …

March 21, 2014 Contract / Music

Federal Judge Rules on Pandora/ASCAP Dispute Over Streaming Revenue

Internet radio company Pandora Media has been engaged in litigation with the American Society of Composers, Authors and Publishers (“ASCAP”) over how much Pandora should be required to pay the society in exchange for Pandora’s right to stream copyrighted music online. A recent ruling by U.S. District Judge Denise Cote declared that Pandora would be required to continue paying a rate of 1.85% of its revenue to the ASCAP through 2015 – the same rate Pandora has been paying for years.

ASCAP viewed Judge Cote’s …