DOCSLIB.ORG

PEEKAY ACQUISITION, LLC, Et Al. Debtors. Chapter 11 Ca

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
PEEKAY ACQUISITION, LLC, Et Al. Debtors. Chapter 11 Ca Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 PEEKAY ACQUISITION, LLC, et al.1 Case No. 17-11722 (BLS) Debtors. (Jointly Administered) Hearing Date: October 10, 2017 at 10:00 a.m. (ET) Obj. Deadline: September 21, 2017 at 4:00 p.m. (ET) APPLICATION OF THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS FOR AN ORDER AUTHORIZING AND APPROVING THE EMPLOYMENT AND RETENTION OF CULLEN AND DYKMAN LLP AS ITS COUNSEL EFFECTIVE AS OF AUGUST 21, 2017 The Official Committee of Unsecured Creditors (the “Committee”) appointed in the chapter 11 cases (the “Chapter 11 Cases”) of the above-captioned debtors and debtors-in- possession (collectively, the “Debtors”), hereby submits this application (the “Application”), for entry of an order pursuant sections 328 and 1103 of title 11 of the United States Code (the “Bankruptcy Code”) and Rule 2014(a) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”), authorizing and approving the employment and retention of Cullen and Dykman LLP (“Cullen and Dykman”) as lead counsel to the Committee, effective as of August 21, 2017. In support of this Application, the Committee submits the Declaration of S. Jason Teele (the “Teele Declaration”), attached hereto as Exhibit A and incorporated herein by reference, and respectfully states as follows: 1 The Debtors, along with the last four digits of each Debtor’s tax identification number, are: Peekay, Inc. (3429); Peekay Boutiques, Inc. (7972); Christals Acquisition, LLC (0391); Peekay Acquisition, LLC (0923); Peekay SPA, LLC (2165); ConRev, Inc. (2441); Condom Revolution, Inc. (6019); Charter Smith Sanhueza Retail, Inc. (8963); ZI Gifts F-2, L.L.C. (3565); ZJ Gifts F-3, L.L.C. (3562); ZJ Gifts F-4, L.L.C. (8006); ZJ Gifts F-5, L.L.C. (7062); ZJ Gifts F-6, L.L.C. (4381); ZJ Gifts I-1, L.L.C. (5099); ZJ Gifts M-3, L.L.C. (8925); ZJ Gifts M-l, L.L.C, (7202); and ZJ Gifts M-2, L.L.C. (6643). The Debtors’ corporate headquarters and mailing address is 901 West Main Street, Suite A, Auburn, WA 98001. 35012.1 476307v2 Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 2 of 8 JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2). Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. 2. The statutory predicates for the relief sought herein are sections 328 and 1103 of the Bankruptcy Code and Rule 2014(a) of the Bankruptcy Rules. BACKGROUND 3. On August 10, 2017 (the “Petition Date”), each of the Debtors filed a voluntary petition for relief pursuant to chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. 4. The Chapter 11 Cases are being jointly administered for procedural purposes only. 5. Since the Petition Date, the Debtors have continued to operate their businesses and manage their properties as debtors-in-possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. No trustee or examiner has been appointed in the Chapter 11 Cases. 6. On August 21, 2017, the Office of the United States Trustee for Region 3 appointed the Committee pursuant to section 1102(a)(1) of the Bankruptcy Code. The Committee is comprised of the following five (5) creditors: Kristy E. Butt; Brian E. Barnett; Gary Zebrowski; Dreamgirl International; and United Consortium, Inc. See Docket No.82. On August 21, 2017, the Committee selected Cullen and Dykman to serve as its lead counsel. On the same date, the Committee also selected Whiteford Taylor & Preston LLC to serve as its Delaware counsel. On August 24, 2017, the Committee selected The DAK Group, Ltd. to serve as its financial advisor. -2- 35012.1 476307v2 Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 3 of 8 RELIEF REQUESTED 7. By this Application, the Committee seeks the entry of an order authorizing and approving the employment of Cullen and Dykman as its counsel to perform services relating to the Chapter 11 Cases, effective as of August 21, 2017. BASIS FOR RELIEF 8. Pursuant to section 1103(a), a committee appointed under section 1102 of the Bankruptcy Code may select and authorize the employment of one or more attorneys to represent and perform services for such committee. Pursuant to section 328(a) of the Bankruptcy Code, a committee appointed under section 1102 of the Bankruptcy Code, with the Court’s approval, may employ a professional person under section 1103 of the Bankruptcy Code on any reasonable terms and conditions of employment. 11 U.S.C. § 328(a). 9. Bankruptcy Rule 2014 sets forth the requirements for an application for retention of an attorney pursuant to section 1103, and provides that such application must: State the specific facts showing the necessity for the employment, the name of the person to be employed, the reasons for the selection, the compensation, and, to the best of the applicant’s knowledge, all of the person’s connections with the debtor, creditors, any other party in interest, their respective attorneys and accountants, the United States trustee, or any other person employed in the office of the United States trustee. Fed. R. Bankr. P. 2014. 10. The Committee is seeking to retain Cullen and Dykman effective as of August 21, 2017. Such relief is warranted by the facts and circumstances presented by theses Chapter 11 Cases. The Third Circuit has identified “time pressure to begin service” and absence of prejudice as factors favoring nunc pro tunc retention. See Matter of Arkansas Co., 798 F.2d 645, 650 (3d Cir. 1986). The complexity, intense activity, and speed that have characterized these -3- 35012.1 476307v2 Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 4 of 8 cases has necessitated that Cullen and Dykman focus immediate attention on time-sensitive matters and promptly devote substantial resources to the representation of the Committee pending submission and approval of this Application. QUALIFICATIONS 11. The Committee believes that it is necessary to employ attorneys to render the professional services described herein, and that without such professional assistance, the Committee’s meaningful participation in these Chapter 11 Cases would not be possible. 12. The Committee selected Cullen and Dykman because of its attorneys’ experience and knowledge in bankruptcy matters. The Committee believes that Cullen and Dykman is well qualified to represent the Committee in the Chapter 11 Cases. Cullen and Dykman’s attorneys have represented official committees in numerous chapter 11 cases in this district and other jurisdictions. SERVICES TO BE PROVIDED 13. The professional services that Cullen and Dykman will provide to the Committee include, but are not limited to: (a) advising the Committee with respect to its rights, duties, and powers in these Chapter 11 Cases; (b) assisting and advising the Committee in its consultations with the Debtors relative to the administration of these Chapter 11 Cases; (c) assisting the Committee in analyzing the claims of the Debtors' creditors and the Debtors’ capital structure and in negotiating with holders of claims and equity interests; (d) assisting the Committee in its investigation of the acts, conduct, assets, liabilities, and financial condition of the Debtors and of the operation of the Debtors' businesses; -4- 35012.1 476307v2 Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 5 of 8 (e) assisting the Committee in its investigation of the liens and claims of the holders of the Debtors' pre-petition debt and the prosecution of any claims or causes of action revealed by such investigation; (f) assisting the Committee in its analysis of, and negotiations with, the Debtors or any third party concerning matters related to, among other things, the assumption or rejection of certain leases of nonresidential real property and executory contracts, asset dispositions, sale of assets, financing of other transactions and the terms of one or more plans of reorganization for the Debtors and accompanying disclosure statements and related plan documents; (g) assisting and advising the Committee as to its communications to unsecured creditors regarding significant matters in these Chapter 11 Cases; (h) representing the Committee at hearings and other proceedings; (i) reviewing and analyzing applications, orders, statements of operations, and schedules filed with the Court and advise the Committee as to their propriety; (j) assisting the Committee in preparing pleadings and applications as may be necessary in furtherance of the Committee's interests and objectives; (k) preparing, on behalf of the Committee, any pleadings, including without limitation, motions, memoranda, complaints, adversary complaints, objections, or comments in connection with any of the foregoing; and (l) performing such other legal services as may be required or are otherwise deemed to be in the interests of the Committee in accordance with the Committee's powers and duties as set forth in the Bankruptcy Code, Bankruptcy Rules, or other applicable law. COMPENSATION 14. Subject to the Court’s approval and pursuant to sections 328, 330 and 331 of the Bankruptcy Code, the Bankruptcy Rules, the rules and other procedures which this Court may fix, and the Guidelines promulgated by the United States Trustee, the Committee requests that Cullen and Dykman be compensated on an hourly basis, plus reimbursement of the actual and -5- 35012.1 476307v2 Case 17-11722-BLS Doc 191 Filed 09/07/17 Page 6 of 8 necessary expenses that Cullen and Dykman incurs in accordance with the ordinary and customary rates which are in effect on the date the services are rendered.
Load more

Recommended publications
  • Carmella Bing
    Carmella Bing Boobpedia - Encyclopedia of big boobs Carmella Bing (born October 21, 1981) is a former[1] American porn star. Carmella Bing Contents 1 Career 2 Trivia 3 Partial Filmography 4 Free pictures 5 Free movies 6 Free galleries 7 Big tit movies / pictures of Carmella Bing 8 If you like Carmella Bing, you may also like 9 See also 10 External links 11 References Career She once stated on her MySpace profile that she is Italian and Hawaiian. In interviews she has claimed to be from Portland, Oregon, while IMDB lists her place of birth as Salem, Oregon. She currently lists Las Vegas, Nevada, as her home city. In 2002, Carmella moved to Las Vegas and started escorting and performing for bachelor parties. As an escort, she was featured in the Discovery Channel television show Sexual Secrets in the episode "Alpha Dames," and indicated her desire to star in porn movies in the future. Davia Ardell introduced her to an agent in the adult business, and she immersed herself in the new career quickly. Carmella remains close to Davia Ardell, often performing together in the same scene. She hopes to become a Hustler contract girl one day. Carmella is known for her large tits and round figure. She obtained breast implants in 2006, as her boobs saw an increase in size and looked firmer in her more recent work. Her breast surgery was extremely well done, leaving no obvious scar. In 2008 she had a breast reduction and her breasts now appear much smaller than ever before now being a mere 36D.
    [Show full text]
  • Judith Bernstein, Trailblazer in Erotic Art an Interview with the Feminist Visionary About Her Art and Its Current Revival
    805 Traction Avenue Los Angeles CA 90013 213.625.1747 www.theboxla.com Judith Bernstein, Trailblazer in Erotic Art An interview with the feminist visionary about her art and its current revival. BY HAZEL CILLS | JAN 20, 2016 (ELENA POLSON AND STEFANIE APPLE) As one of the founders of New York City's A.I.R. Gallery, the first-ever all-female art gallery in the United States, artist Judith Bernstein had a career that seemed to be on the rise in the early 1970s. The Newark-born, Yale-educated artist made bold, erotic large-scale charcoal drawings of phalluses that stood apart from the clean, conceptual minimalist works that populated galleries at the time. But when one of these pieces, a scratchy, mural-size illustration of a screw-shaped phallus titled Horizontal, was censored from the 1974 show "Women's Work" in Philadelphia, Bernstein had trouble getting her graphic art into galleries. 805 Traction Avenue Los Angeles CA 90013 213.625.1747 www.theboxla.com It wasn't until decades later, in 2008, that gallerist Mitchell Algus gave Bernstein a solo show in New York and Paul McCarthy fell in love with her work and exhibited her at his West Coast gallery the Box. Suddenly, Bernstein's long-underrated art was being given positive reviews at contemporary galleries, and from there, her textured penises, anti-war paintings, and vaginal icons made their way into the collections of the Whitney, MoMA, and the Jewish Museum, among others. Today, the art world is just beginning to recognize Bernstein as a trailblazer in erotic art, and her work that was once relegated to storage has a newfound audience.
    [Show full text]
  • Inserting Hans Bellmer's the Doll Into the History of Pornography
    Claremont Colleges Scholarship @ Claremont Scripps Senior Theses Scripps Student Scholarship 2020 Softcore Surrealism: Inserting Hans Bellmer's The Doll into the History of Pornography Alexandra M. Varga Follow this and additional works at: https://scholarship.claremont.edu/scripps_theses Recommended Citation Varga, Alexandra M., "Softcore Surrealism: Inserting Hans Bellmer's The Doll into the History of Pornography" (2020). Scripps Senior Theses. 1566. https://scholarship.claremont.edu/scripps_theses/1566 This Open Access Senior Thesis is brought to you for free and open access by the Scripps Student Scholarship at Scholarship @ Claremont. It has been accepted for inclusion in Scripps Senior Theses by an authorized administrator of Scholarship @ Claremont. For more information, please contact [email protected]. 1 SOFTCORE SURREALISM: INSERTING HANS BELLMER’S THE DOLL INTO THE HISTORY OF PORNOGRAPHY, 2020 By ALEXANDRA M. VARGA SUBMITTED TO SCRIPPS COLLEGE IN PARTIAL FULFILLMENT OF THE DEGREE OF BACHELOR ARTS FIRST READER: PROFESSOR MACNAUGHTON, SCRIPPS COLLEGE SECOND READER: PROFESSOR NAKAUE, SCRIPPS COLLEGE MAY 4TH 2020 2 Contents Acknowledgments. 3 Introduction: Finding The Doll. 4 Critical Reception: Who Has Explored The Doll?. 10 Chapter 1: Construction of the Doll and Creation of the Book. 22 Chapter 2: Publication in Germany and France. 37 Conclusion: Too Real For Comfort. 51 Bibliography. 53 Figures: Die Puppe Sequence, 1934. 56 Figures: La Poupée Sequence, 1936. 64 Figures: 19th and 20th Century Pornography. 71 3 Acknowledgments This thesis could not have been written without the support of my thesis readers, Professors Mary MacNaughton and Melanie Nakaue. I would like to thank them for their unwavering support. Their guidance gave me the confidence to pursue such an eccentric topic.
    [Show full text]
  • The Allure and Magic of Renée Jacobs by Prof
    the allure and magic of renée jacobs by Prof. John Wood (From the introduction to PARIS) This is a book about Paris, about passion, into our lives the most essential creative mo- one of women as free spirit—as free as any and about pleasure. …Erotic art, like any ments in the lives of artists, such as Renée man. When I look at Jacobs’ images, I see other visual art, is only good if it pulls us Jacobs, and the lives of her models, as well. something universal: Everywoman—or at back again and again to gaze, to wonder, least the potential of every woman. In her and to consider. Its power is the same as Jacobs, of course, shapes the aesthetic di- work we see the quintessence of style, im- that of great music which demands we lis- mension of her photographs, but part of her ages that could have served as models for ten again and again, no matter how many work’s gift to the viewer is also shaped by that great painter Tamara de Lempicka, times we already have, or great poetry her models’ creative partnership with her. who captured “the woman” like no other whose melodies and metaphors make us Erotic art is clearly the most generous of the painter of the 20th Century. Jacobs pres- read, reread, and then read again. The visual arts. Artist and model jointly agree ents formal elegance, desire, and beauty mark of great art is that it is forever fresh to create and share with others a moment all coupled within the allure of sexual and forever rewarding.
    [Show full text]
  • Art and Obscenity
    STEFAN MORAWSKI Art and Obscenity i no, can obscenity arise in art and, if so, what place does it occupy in the artistic IN EXPLORING the relationship between structure as a whole? These questions are of art and obscenity it is easy to stray into a a structural nature, but to answer them we whole labyrinth of disconnected issues. The must also investigate the genesis and func- problem lends itself to examination from tion of the views which maintain there is a variety of viewpoints: the purely analy- such a thing as pornography, a designa- tic, the purely pragmatic (the moral, tion, be it noted, often applied to objects religious, or political angle, for example), which do not, from the aesthetic point of or a combination of the two when it is view, admit of qualification as obscene. hoped that theoretical inquiry will yield Our first task, then, must be to clarify the guidance for a working strategy. Here I two key concepts used in the title of this have chosen for the path of analysis, but essay, which, according to some, may be even this is far from being clear-cut since complementary and, according to others, there are a number of avenues to choose are mutually exclusive. Obscenity and from: sociology (or, in broader terms, pornography, let me add, are used here as culturology), psychology, ethics, aesthetics. synonymous terms. Though obscenity us- Finally, this field can be observed from a ually is understood in a larger sense, com- wider perspective, not so much scientific prising also description of acts which do in the strict sense as philosophical.
    [Show full text]
  • Karin Bruns All by Myself Technologies of the Self in Porn
    Vorträge im Rahmen der Tagung Medienamateure: Wie verändern Laien unsere visuelle Kultur? Internationale und interdisziplinäre Tagung der Universität Siegen Prof. Dr. Susanne Regener, 5.-7. Juni 2008 Alle Rechte liegen bei den Autorinnen und Autoren. Bei Verwendung bitte folgenden Quellennachweis angeben: „Vortrag im Rahmen der Tagung ›Medienamateure. Wie verändern Laien unsere visuelle Kultur?‹“ Universität Siegen 5.-7.6.2008, in: www.medienamateure.de Karin Bruns All by Myself Technologies of the Self in Porn Blogs and Web Forums In the pop song “All by Myself”, the American singer Eartha Kitt describes the pleasure felt in self-withdrawal as well as the dangers it brings.1 Since the song was first released in 1976 by Eric Carmen, it stands as a symbol for the ambivalent feelings arising from being famous, being a star, and loneliness.2 Again and again, Eartha Kitt sung “All by Myself”, adding variations and including passages with a seemingly very personal touch. The last time was in a New York revue theater, shortly before her seventieth birthday in 2008. The confession manifest in the lyrics of this version of the song and the related self-publishing of a star suffering under the pressure of publicity refer to the marginalized position of a female afro-American artist. The 1982 documentary film “All by Myself” (USA/D, director: Christian Blackwood) follows this interpretation. The refrain “I wanna be all by myself” is staged over and over again, and the film, just like at the close of the song, reverses it at the end (“don't wanna be all by myself anymore”).
    [Show full text]
  • State of Michigan
    4:12-cv-14442-GAD-MKM Doc # 12 Filed 01/07/13 Pg 1 of 28 Pg ID 101 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AF HOLDINGS LLC., ) Case No. 2:12-cv-14442 ) Hon. Gershwin A. Drain Plaintiff, ) vs. ) ) MATTHEW CICCONE, ) ) ) Defendants. JONATHAN W. TAPPAN (P-72195) BERNARD J. FUHS (P-69621) Attorney for Plaintiff Attorney for Defendant 2549 Somerset Blvd. #102 150 W. Jefferson, Ste. 200 Troy, MI 48084 Detroit, MI 48226 (415) 325-5900 (313) 225-7044 JOHN T. HERMANN (P-52858) Attorney for Intervening Party 2684 West Eleven Mile Road Berkley, MI 48072 (248) 591-9291 MOTION TO INTEVENE IN ORDER TO QUASH SUBPOENA OR ALTERNATIVELY FOR ISSUANCE OF A PROTECTIVE ORDER Movant whose IP address is 96.27.48.90 moves this court to intervene pursuant to Fed. R. Civ. P. 24(a)&(b) in order to quash the subpoena served upon their Internet Service Provider by Plaintiff, or in the alternative, for a protective order, for the reasons stated in the accompanying Brief In Support pursuant to Fed. R. Civ. P. 26(C)(1). Dated: January 7, 2013 s/ John T. Hermann JOHN T. HERMANN (P52858) Attorney for Intervening Party 2684 West Eleven Mile Road Berkley, MI 48072 (248) 591-9291 4:12-cv-14442-GAD-MKM Doc # 12 Filed 01/07/13 Pg 2 of 28 Pg ID 102 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION AF HOLDINGS LLC., ) Case No. 2:12-cv-14442 ) Hon. Gershwin A. Drain Plaintiff, ) vs. ) ) MATTHEW CICCONE, ) ) ) Defendants. JONATHAN W.
    [Show full text]
  • Tariff Item / Numéro Tarifaire 9899.00.00 Obscenity and Hate Propaganda Obscénité Et Propagande Haineuse Quarterly List of Ad
    Canada Border Agence des services Services Agency frontaliers du Canada Tariff Item / Numéro tarifaire 9899.00.00 Obscenity and Hate Propaganda Obscénité et propagande haineuse Quarterly List of Admissible and Prohibited Titles Liste trimestrielle des titres admissibles et prohibés April to June 2010 / Avril à juin 2010 Prepared by / Préparé par : Prohibited Importations Unit, HQ L’Unité des importations prohibées, AC Quarterly List of Admissible and Prohibited Titles Liste trimestrielle des titres admissibles et prohibés Tariff item 9899.00.00 Numéro tarifaire 9899.00.00 April 1st to June 30th, 2010 1er avril au 30 juin 2010 This report contains a list of titles reviewed by the Prohibited Le rapport ci-joint contient une liste des titres examinés par Importations Unit (PIU), Border Programs Directorate, at l’Unité des importations prohibées (l’UIP), Direction des Headquarters in Ottawa, during the period April 1st to programmes frontaliers, à l’Administration centrale à Ottawa, er June 30th, 2010. Titles for which a determination was entre le 1 avril et le 30 juin 2010. Les titres pour rendered in accordance with section 58 of the Customs Act, or lesquels une décision a été rendue conformément à re-determined as per sections 59 and 60 of the Customs Act, l’article 58 de la Loi sur les douanes ou pour lesquels une during the stated period are listed, along with the related révision a été faite conformément aux articles 59 et 60 de la decision. Titles are categorized by commodity and listed Loi sur les douanes, durant la période en question, sont alphabetically. Where applicable, additional bibliographical indiqués, ainsi que la décision connexe.
    [Show full text]
  • LIVE VIRGIN by Ira Israel & Jean-Pierre Marois © 1995, Ira Israel FADE IN
    LIVE VIRGIN by Ira Israel & Jean-Pierre Marois © 1995, Ira Israel FADE IN EXT. POOLSIDE/RONNY’S HOUSE - DAY CLOSE ON a young woman’s face, GLORIA. She’s lying on a lawn chair, moaning, with her eyes closed. Her face writhes passionately and moves up and down in the frame: she appears to be in the midst of having intercourse. We slowly PULL OUT to discover her beautiful breasts covered by a bikini top, then her stomach, then her hips. We finally understand that she is not having sex: in fact, two hands sheathed in construction workers’ gloves, grip her by the waist and shake her as if she were a bottle of fruit juice. By now we can see an overweight man, BILL, leaning over her, performing this action. He’s wearing a baseball cap, big baggy jeans, a large utility belt with a hammer, tapes, a walkie-talkie and all the typical accessories of a movie grip. RONNY (O.S) (calm, rather bored) That’s it, honey, keep going. Remember, I gotta see on your face how much you like it. Still pulling out we now see a CAMERAMAN standing above GLORIA filming a close up of her. RONNY (O.S) (continuing) Now, Gloria, the moment of truth. Gimme all you got. GLORIA heats up. Now we see RONNY (50), tall, handsome, tanned and well groomed, wearing a white bathrobe and slippers. He is sitting in a director’s chair by a TV monitor, on which we see the same CU on GLORIA as the opening shot of the scene.
    [Show full text]
  • Legacy of Lords: the New Federal Crackdown on the Adult Entertainment Industry's Age-Verification and Record-Keeping Requirements
    UCLA UCLA Entertainment Law Review Title The Legacy of Lords: The New Federal Crackdown On the Adult Entertainment Industry's Age-Verification and Record-Keeping Requirements Permalink https://escholarship.org/uc/item/0xj116dt Journal UCLA Entertainment Law Review, 14(2) ISSN 1073-2896 Authors Richards, Robert D. Calvert, Clay Publication Date 2007 DOI 10.5070/LR8142027097 Peer reviewed eScholarship.org Powered by the California Digital Library University of California The Legacy of Lords: The New Federal Crackdown On the Adult Entertainment Industry's Age- Verification and Record-Keeping Requirements By Robert D. Richards* & Clay Calvert** I. INTRODUCTION ........................................... 156 II. METHODOLOGY AND PROCEDURES ...................... 168 III. THE INTERVIEWS ........................................ 169 A. Underage Performers in the Adult Industry .......... 169 B. Why Now? Motivating Forces Behind the §2257 Inspections ........................................... 174 C. The Effectiveness and Usefulness of Section §2257 ... 179 D. What Took Place at the Washington, D.C., Meeting w ith the FBI ......................................... 183 E. The Burdens and Steps of Complying With Section §2257 ................................................ 187 F. Privacy Concerns Raised by Section §2257 ........... 193 * Professor of Journalism & Law and Founding Co-Director of the Pennsylvania Center for the First Amendment at The Pennsylvania State University. B.A., 1983, M.A. 1984, Communication, The Pennsylvania State University; J.D., 1987, The American University. Member, State Bar of Pennsylvania. The authors gratefully thank the eight individuals inter- viewed for this article who took time out of their own busy schedules to meet with the authors; the authors also thank them for their trust of two members of the professoriate, a group not generally known to listen rationally to the views of people associated with the adult entertainment industry.
    [Show full text]
  • Estta272541 03/17/2009 in the United States Patent And
    Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA272541 Filing date: 03/17/2009 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91183558 Party Plaintiff Temple University -- Of the Commonwealth System of Higher Education Correspondence Leslie H Smith Address Liacouras & Smith, LLP 1515 Market Street, Suite 808 Philadelphia, PA 19102 UNITED STATES [email protected] Submission Motion for Summary Judgment Filer's Name Leslie H Smith Filer's e-mail [email protected] Signature /Leslie H Smith/ Date 03/17/2009 Attachments TEMPLE WORKOUT GEAR SJ Motion with Exhibits and Certif of Service.pdf ( 75 pages )(1933802 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Matter of Application No. 77/038246 Published in the Official Gazette on December 18, 2007 Temple University – Of The Commonwealth: System of Higher Education, : : Opposer, : Opposition No. 91183558 : v. : : BCW Prints, Inc., : : Applicant. : SUMMARY JUDGMENT MOTION OF OPPOSER TEMPLE UNIVERSITY – OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION TABLE OF CONTENTS Page I. INTRODUCTION…………………………………………………………… 2 II. UNDISPUTED FACTS……………………………………………………… 3 III. THE UNDISPUTED FACTS ESTABLISH A LIKELIHOOD OF CONFUSION BETWEEN THE TEMPLE MARKS AND OPPOSER’S TEMPLE WORKOUT GEAR (AND DESIGN) TRADEMARK…………… 7 A. Likelihood of Confusion is a Question of Law Appropriate for Summary Judgment………………………………………………………………….. 7 B. Under the du Pont Test, the Undisputed Facts Establish A Likelihood of Confusion between Temple’s TEMPLE Marks and Opposer’s TEMPLE WORKOUT GEAR (and design) Mark…………………………………… 7 1. The TEMPLE Marks and the TEMPLE WORKOUT GEAR (and design) Mark Are Similar in Appearance, Sound, Connotation, and Commercial Impression………………………… 8 2.
    [Show full text]
  • Copyright Trolling, an Empirical Study
    A5_SAG.DOCX (DO NOT DELETE) 2/9/2015 3:33 PM Copyright Trolling, An Empirical Study Matthew Sag ABSTRACT: This detailed empirical and doctrinal study of copyright trolling presents new data showing the astonishing rate of growth of multi-defendant John Doe litigation in United States district courts over the past decade. It also presents new evidence of the association between this form of litigation and allegations of infringement concerning pornographic films. Multi- defendant John Doe lawsuits have become the most common form of copyright litigation in several U.S. districts, and in districts such as the Northern District of Illinois, copyright litigation involving pornography accounts for more than half of new cases. This Article highlights a fundamental oversight in the literature on copyright trolls. Paralleling discussions in patent law, scholars addressing the troll issue in copyright have applied status-based definitions to determine who is, and is not, a troll. This Article argues that the definition should be conduct- based. Multi-defendant John Doe litigation should be considered copyright trolling whenever it is motivated by a desire to turn litigation into an independent revenue stream. Such litigation, when initiated with the aim of turning a profit in the courthouse as opposed to seeking compensation or deterring illegal activity, reflects a kind of systematic opportunism that fits squarely within the concept of litigation trolling. This Article shows that existing status-based definitions of copyright trolls do not account for what is now arguably the most prevalent form of trolling. In addition to these empirical and theoretical contributions, this Article shows how statutory damages and permissive joinder make multi-defendant John Doe litigation possible and why allegations of infringement concerning pornographic films are particularly well-suited to this model.
    [Show full text]