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October 2020

ANAND LAW PC > 2020 > October

NEWS : Tyler Armes v. Post Malone – Court GRANTS in part and DENIES in part Motion to Dismiss

[vc_row triangle_shape="no"][vc_column][vc_column_text] NEWS : Tyler Armes v. Post Malone Judge Dismisses Copyright Case in Part, Allows it to Continue in Part [/vc_column_text][vc_empty_space][vc_column_text] Central District of California.  Judge Otis D. Wright found that plaintiff Tyler Armes (part of Murda Beatz' Murda Gang) has sufficiently set forth a case for copyright infringement against Post Malone regarding the song "Circles."  This case is at the preliminary stage, and the Judge's ruling does not indicate that he (and/or a jury) will ultimately find copyright infringement, just that there is enough alleged to allow it to proceed. The Court found that Armes could proceed with his copyright infringement claim regarding the...

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The CARES ACT and Chapter 11 SUBCHAPTER V (Small Business Bankruptcy)

[vc_row triangle_shape="no"][vc_column][vc_column_text]Subchapter V of the Bankruptcy Code (the “Small Business Reorganization Act of 2019”) was passed to make small business bankruptcies faster and less expensive. On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) to aid U.S. businesses following the economic impact of COVID-19. The CARES Act amends Subchapter V, and is effective for cases commenced within the twelve months following March 27, 2020.[/vc_column_text][vc_empty_space][vc_column_text] UPDATE (3/29/2021):  President Biden has signed the "COVID-19 Bankruptcy Relief Extension Act of 2021" which will extend the temporary bankruptcy relief provisions granted by the CARES Act for another year (until...

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The Chapter 11 SINGLE ASSET REAL ESTATE DEBTOR

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Bankruptcy Reform Act of 1994 added sections to the Bankruptcy Code specifically affecting single asset real estate (“SARE”) cases. The definition of SARE was revised by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and is now defined as “real property constituting a single property or project, other than residential real property with fewer than 4 residential units, which generates substantially all of the gross income of a debtor who is not a family farmer and on which no substantial business is being conducted by a debtor other than the business of operating the real...

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RESTAURANT AND BAR INSOLVENCY & REORGANIZATION

[vc_row triangle_shape="no"][vc_column][vc_column_text]One in four restaurants won’t reopen after the coronavirus pandemic, according to OpenTable’s CEO.[1] Indeed, businesses within the hospitality industry such as restaurants and bars are especially vulnerable in the current economic crisis caused by COVID-19. Even in times of fairer weather, opening and maintaining a successful restaurant or bar is no easy feat. Chapter 11 protections allow struggling businesses to take a step back and reorganize. By filing for Chapter 11 protections a struggling business may take advantage of the following benefits.   [1] https://www.marketwatch.com/story/1-in-4-restaurants-wont-reopen-after-the-coronavirus-pandemic-opentable-ceo-warns-2020-05-15?mod=article_inline[/vc_column_text][vc_empty_space][vc_column_text] The Business May Operate Normally During Proceedings [/vc_column_text][vc_empty_space][vc_column_text] An “automatic stay” goes into effect as soon as a...

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THE “SEVEN YEAR RULE” : CA LABOR CODE §2855 & THE ENTERTAINMENT INDUSTRY

[vc_row triangle_shape="no"][vc_column][vc_column_text]California, home to Hollywood, remains the epicenter of the entertainment industry. It is no surprise that an extensive number of contracts in the industry are governed by California law. For an industry that is based on the services of actors, actresses, musicians, and other artists, any change in the State’s labor laws are pivotal. Over the years, one such law has been of great concern to the industry: California Labor Code Section 2855 (the “Seven Year Rule”), which limits the length of time for a personal service employment contract to seven years.[/vc_column_text][vc_empty_space][vc_column_text] What is Section 2855 of the California Labor...

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A BRIEF OVERVIEW : TRADEMARK COEXISTENCE AGREEMENTS

[vc_row triangle_shape="no"][vc_column][vc_column_text]One of the primary purposes of having trademark protection is to avoid consumer confusion. Trademarks, including names, logos, and other branding, are the reason one can distinguish a Nike shoe from a Puma shoe. However, some brands have similar branding, and still manage to protect their goodwill while coexisting in the market.  To “coexist” in the market, companies with trademarks that may be confused by consumers sometimes enter into trademark coexistence agreements.[/vc_column_text][vc_empty_space][vc_column_text] What exactly is a Trademark Coexistence Agreement? [/vc_column_text][vc_empty_space][vc_column_text] The International Trademark Association defines a coexistence agreement as "an agreement by two or more persons that similar marks can coexist without...

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Can Cooperatives Save the Gig Economy? USING COOPERATIVE ASSOCIATIONS TO SAVE THE RESTAURANT DELIVERY BUSINESS

[vc_row triangle_shape="no"][vc_column][vc_column_text] CALIFORNIA JUDGE ORDERS UBER AND LYFT TO RECLASSIFY WORKER STATUS [/vc_column_text][vc_empty_space][vc_column_text]Recently, a California judge ordered Uber and Lyft to reclassify their workers from independent contractors to employees with benefits. Lyft planned to discontinue services in California as soon as this order was put into effect. Although it remains to be seen whether or not this decision will survive the appeals process, the decision has highlighted major problems within the modern gig economy. Workers under these ride hailing companies, as well as workers within similar food-delivery services, do not receive the benefits generally associated with employment such as health insurance, workers’...

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MANAGERS, AGENTS, AND PROCURING EMPLOYMENT – THE CALIFORNIA TALENT AGENCY ACT

[vc_row triangle_shape="no"][vc_column][vc_column_text] MANAGERS, AGENTS, AND PROCURING EMPLOYMENT [/vc_column_text][vc_empty_space][vc_column_text]California’s Talent Agency Act (“Act”) requires a person or entity to have a license to act as an agent for talent (e.g., artists, signers, musicians).  The Act defines an agent as “a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists.” http://www.dir.ca.gov/dlse/talent_agency_license.html The question is, what exactly is “procuring employment”? And, does this mean that managers cannot book shows for talent?  The answer to the second question is yes: the Act effectively prohibits artist managers from booking shows, and it is...

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