Dunnington Client Alert: Stalking Horse Transactions & COVID-19 Opportunities in a Challenging Economy

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COVID-19 has turned the world and U.S. economy upside down. As the number of bankruptcies in the United States increases due to impacts from the coronavirus pandemic, stakeholders in distressed industries facing bankruptcy have concerns about losing their investments. Unfortunately, many will. This article offers an alternative, and suggests that there are potential opportunities for those with the vision and staying power to participate in rebuilding a new economy using pre-existing mechanisms under the U.S. bankruptcy framework via an often overlooked procedure—the repurposing and reuse of distressed assets through Section 363 of the U.S. Bankruptcy Code (“Section 363”). The decisive player and early mover can use Section 363 to seize opportunity in distressed industries and combat the current economic skid. Here, we provide an overview, insights, and pro tips in the use of Section 363.* Read More

In Victory For Television Broadcasters, Dunnington Obtains Landmark SDNY $12 Million IPTV Anti-Piracy Judgment

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Dunnington obtained a $12 million judgment for Russian broadcasters in the first case applying the Federal Communications Act of 1934 (“FCA”) to internet television piracy.  On June 16, 2020, the judgment was entered by the Hon. George B. Daniels of the Southern District of New York against the operator of a service that offered unlimited internet television access for monthly credit card payments.  Section 605(a) of the FCA prohibits the unauthorized interception, publication, and use of interstate or foreign radio communications. Read More

Dunnington Client Alert: Ten Tips For Navigating A COVID-19 Business Interruption Claim In New York

By | All, Client Alerts, COVID-19 Guidance, Featured, Litigation, Arbitration and Mediation

Samuel A. Blaustein, Partner

May 5, 2020

Due to the COVID-19 crisis, New York State Courts are not currently accepting new filings of non-essential civil cases.  Emergency regulations tolling the time to file lawsuits are in place.  However, for policyholders to be certain to protect their rights, it is important to provide notice to insurers and to timely file business interruption claims. Thus, many insureds are seeking to understand whether their insurance policies cover losses attributable to COVID-19. Read More

Dunnington Files U.S. Supreme Court Amicus Brief For Authors Guild et al. In Dispute Over Film Rights To John Steinbeck’s Grapes of Wrath

By | All, Estates, Trusts and Private Clients, Featured, Intellectual Property, Advertising, Art and Fashion Law, Litigation, Arbitration and Mediation

On April 29, 2020, Dunnington partners Ray Dowd and Olivera Medenica filed an amicus curiae brief on behalf of The Authors Guild, The Dramatists Guild, The American Society of Journalists and Authors, and former Register of Copyrights Ralph Oman at the United States Supreme Court.  The case involves a dispute among John Steinbeck’s heirs over who should benefit from copyright termination rights.  Read More

Dunnington Client Alert: Remote Business During COVID-19: The Role of Electronic Signatures and Remote Notarization

By | All, Client Alerts, Corporate, COVID-19 Guidance, Featured, Immigration, Litigation, Arbitration and Mediation

On April 16, 2020, New York Governor Andrew Cuomo extended “New York on PAUSE” to May 15, 2020.  Given current circumstances, social distancing and remote work is expected to continue into the future to reduce the spread of COVID-19.  Yet, despite the current and potential future constrictions, business must continue.  To do so, documents—contracts, legal papers, and others—are required and they still require signatures.  Electronic signatures provide an alternative to handwritten signatures.  If you are not familiar with electronic signatures—now may be the time to become acquainted. Read More

COVID-19 Client Alert – Essential Legal Issues

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Dunnington Bartholow & Miller LLP

COVID-19 Announcement:

Dear Clients and Colleagues:

Dunnington, Bartholow & Miller LLP is dedicated to protecting the continued health, safety and well-being of our entire staff while we continue to provide services to you.  First and foremost, our thoughts are with all those impacted by the COVID-19 outbreak, and the medical professionals relentlessly working around the clock to fight this new global pandemic. Read More

Business Interruption Insurance and COVID-19

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Business Interruption Insurance and COVID-19:  Needed Guidance For Commercial Property Insurance Policyholders Forthcoming From the New York Department of Financial Services

On March 10, 2020, the New York Department of Financial Services used its powers under Section 308 of the New York Insurance Law to compel every property/casualty insurer in the state to answer, by March 18, 2020 urgent questions that policyholders have and to provide detailed information on its business interruption insurance coverage both to the DFS and to individual policyholders.  Read More