Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: SDNY

Two Copyright Claim Wrongs Don’t Make a Copyright Claim Right: Analyzing Melendez v. Sirius XM Radio, Inc.

On October 4, 2022, a Second Circuit panel affirmed the lower court’s decision that defendant Sirius XM Radio Inc.’s ads showcasing The Howard Stern Show do not violate plaintiff John Edward Melendez’s publicity rights. The ruling affirmed the Southern District of New York’s grant of defendant’s motion to dismiss plaintiff’s claims under California common and statutory … Continue Reading

The (Third) Party’s Over? Recent Decisions Cast Doubt on the Continued Vitality of Third Party Releases in Chapter 11 Reorganizations

Two recent decisions by U.S. District Courts have rejected attempts to include nonconsensual third party releases in chapter 11 reorganization plans.  These rulings suggest third party releases may be facing increasing push back from the courts. Traditionally, bankruptcy only operates to eliminate claims held by creditors against the debtor.  Over the last few years, however, … Continue Reading
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