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HTMLTCA Television Corp. v. McCollum
Tal Dickstein, David A. Grossman, Wook Hwang, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
January 25, 2016, previously published on January 7, 2016
District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use doctrine.

 

HTMLCounts v. Meriwether
Tal Dickstein, David A. Grossman, Wook Hwang, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
January 25, 2016, previously published on January 7, 2016
District court grants defendants’ motion for summary judgment on copyright infringement claim brought by two screenwriters against creators of Fox sitcom “New Girl,” finding no evidence defendants had access to plaintiffs’ screenplay and that works were not substantially...

 

HTMLIn Re Simon Shiao Tam
Tal Dickstein, David A. Grossman, Wook Hwang, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
January 25, 2016, previously published on January 1, 2016
In case with potentially far-reaching effects, including on Washington Redskins’ ongoing legal battle to maintain federal trademark registration, Federal Circuit sitting en banc strikes down federal statute that permits denial of trademark registration for “disparaging” marks as...

 

HTMLFDA, Industry Stakeholders and Legislators Zero in on New Food Labeling Guidelines
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
January 20, 2016, previously published on December 2015
The food industry and the FDA are duking it out over "natural" and "healthy" labels found on food products and dietary supplements. As the agency seeks stakeholder comments on whether the term "natural" necessitates regulation, it is also facing a citizen petition on...

 

HTMLCongress Extends Various Tax Benefits
Thomas N. Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
January 14, 2016, previously published on January 2016
There has been a long history of various tax benefits being extended for short periods. In many recent years, Congress has enacted provisions late in the year, often in December, to extend various provisions for another year, sometimes retroactively for the year about to end. This year, Congress...

 

HTMLThe Anti-Cookson Clause Revisited: A Useful Tool for Lien Restrictions
Anthony Pirraglia; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on January 2016
In any secured financing, lenders are concerned about their liens being primed. This is of particular concern where the financing permits, as many financings often do, the incurrence of additional secured debt by the borrower or issuer. While there are a number of restrictions that can be added to...

 

HTMLConsolidated Appropriations Act Impacts REITs, FIRPTA Requirements and Depreciation
Thomas N. Lawson, Alan J. Tarr; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on December 2015
The recently enacted Consolidated Appropriations Act, 2016 makes some significant changes that affect real estate investment trusts, Foreign Investment in Real Property Tax Act reporting and withholding requirements, and depreciation of real property.

 

HTMLPacira Secures Expanded Marketing for Painkiller Medication as FDA Agrees to Settle Lawsuit, Revoke Warning Letter
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on December 2015
The pharmaceutical industry won in its latest bid for more leeway to promote drugs for unapproved uses, as the Food and Drug Administration agreed to allow Pacira expanded marketing for its painkiller drug. The FDA settled a suit in which Pacira alleged the agency had overstepped its bounds by...

 

HTMLDOJ Recoveries Reach $3.5 Billion in FY2015 as Qui Tam Lawsuits Continue to Grow
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on December 2015
For the fourth year in a row, the Department of Justice achieved more than $3.5 billion in settlements and judgments related to fraud and false claims, bringing the total secured from the False Claims Act to $26.4 billion since 2009. The pharmaceutical industry continues to contribute to DOJ...

 

HTMLCDER Director Woodcock Says Agency Will Focus on Filling Vacancies, Negotiating User Fees in 2016
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
January 8, 2016, previously published on December 2015
With a $1.2 billion budget in 2016, the Center for Drug Evaluation and Research will focus on filling hundreds of vacancies, renegotiating user fees and progressing on labeling initiatives.

 


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