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michalangelo

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Posts posted by michalangelo

  1. user Heloisa posted this on lpcollectors fb group:

     

    Law360, New York (January 24, 2013, 10:54 PM ET) -- A California appeals court on Thursday allowed Davis Shapiro Lewit & Hayes LLP to proceed with claims against an auditor whom it accused of defamation after he allegedly told rock band Linkin Park that the firm had botched royalty negotiations with Warner Brothers Entertainment Inc.

     

    A three-judge appeals panel found that the auditor, Paul Hutchinson, did not show enough evidence that the contentious remarks in his report to Linkin Park were protected under California's anti-Strategic Lawsuits Against Public Participation law. The law guards free speech and the right to engage in government and civic affairs.

     

    The court found that Hutchinson had not shown enough evidence that his remarks were protected by the litigation privilege. Although he had argued that he had thought his statements may be used in litigation by the band against former Davis Shapiro attorney Daniel Hayes, there was not enough evidence to show that the band had such intentions, the opinion said.

     

    “We are pleased that the court has affirmed the trial court’s ruling denying Hutchinson’s special motion to strike,” said Lawrence Y. Iser of Kinsella Weitzman Iser Kump & Aldisert LLP, an attorney for Hayes and the law firm. “Although the court did not have to reach the merits of the case to conclude that the allegations are not subject to California’s anti-SLAPP statute, we believe the evidence presented to the trial court overwhelmingly establishes that the plaintiffs will prevail against Hutchinson in their claims for defamation, trade libel and intentional interference with contract.”

     

    While he was a partner at Davis Shapiro, Hayes had represented Linkin Park, including in negotiating a 2002 recording agreement between the band and Warner Brothers. The agreement held that Warner Brothers could alter how royalties would be calculated, as long as it did not harm the royalties that the band was paid under the agreement, according to the opinion.

     

    Warner Brothers then set out to change its calculation of royalties in May 2003, demonstrating how the the change would not hurt the band’s royalties from CD sales and how its royalties from online downloads would improve, the opinion said.

     

    Linkin Park and Warner Brothers entered into a new recording agreement in 2006 with the help of Davis Shapiro as well as Hayes, who had said that the new agreement improved the band’s royalties, according to the opinion.

     

    Hutchinson, whom the band had hired in 2009 to carry out a royalty audit, then claimed that the changes to the manner in which the royalties were calculated under the 2006 agreement had resulted in a drop in digital unit royalty rates.

     

    A subsequent report that Hutchinson had prepared for the band, which detailed his evaluation of the differences between the 2002 and the 2006 contract, had led the band to terminate Hayes and the law firm in 2010, according to the opinion.

     

    The move prompted Hayes and the law firm to bring the current suit against Hutchinson over his remarks in his evaluation report, according to the opinion. The plaintiffs had made claims for defamation, trade libel and intentional interference with contractual relations.

     

    Hayes and the law firm had also submitted extra evidence to support its challenge of the reliability of Hutchinson’s calculations, the opinion indicated.

     

    Hutchinson’s motion to strike had argued that his remarks in the report were protected because they were made “in anticipation of litigation,” according to the opinion. Hayes and the law firm had shot back that the contentious statements were not protected under the anti-SLAPP law because there was no litigation being considered at the time, the opinion said.

     

    An attorney for Hutchinson could not immediately be reached for comment late Thursday.

     

    The plaintiffs are represented by Lawrence Y. Iser and Gregory S. Gabriel of Kinsella Weitzman Iser Kump & Aldisert LLP.

     

    The defendants are represented by Clair G. Burrill, Alison Minet Adams and the Law Offices of Robert S. Besser.

     

    The case is Daniel B. Hayes et al. v. Paul Hutchinson et al., case number B237556, in the Court of Appeal for the State of California.

    So maybe it really has something to do with this years dsp not being sold?

  2. It's not US only but simple logic implies that you will be able to go when you win tickets.

    Sure simple logic Jonas :lol:

    We are opening this contest to the US only. Please keep in mind that transportation and hotel costs are NOT included in this raffle and will be the sole responsibility of the winner. Verification of winner and presentation of digital tickets are subject to email verification, so please provide a valid email address upon entering. And lastly, please only enter if you are confident in your ability to attend as unclaimed tickets will result in a banning from all future LPA contests.

  3. Damn, now we won't have right person to talk to about lpu packages and any other related problems that Adam fixed in no time...Get ready for the old fucked up LPU :)

     

    Thx Adam for so many years, if somehow, sometime You visit Poland, drinks on me :E

  4. Sorry Jonas for a late answer. Yes it also has the german sticker + some standard polish ones:

     

    Posted ImagePosted Image

     

     

    And the cat number is 9362-49450-0 instead of 9362494500.

     

    And also there is a Japan release with the cat WPZR-30611 :)

  5. Quite an intersting conversation here. But don't forget that everything is time consuming so either STP & LP or STP & maybe FM which takes us to another long break from LP (either good for the band or not, as they have mentioned in err ATS? era that they would like to release a new album every 2 years? Something like that, if I got it wrong, sorry :P) Don't forget to add promotion, TV appearances etc. + world tours (LP, FM cause I don't think STP would go outside USA). Impossibru. And this takes us where? Yes, the global why-no-insert.country.name.here crying. IMHO it would be awesome to get a proper US->EU->Asia->EU->US tours again. Is there any chance that due to STP "plans" for an album and MAYBE a tour the new LP album will be released late 2014/early 2015? (Or cause of Brad and his giant magnet <troll>)

  6. Good question. I think it was released at least in Austria, Germany and Switzerland.

    It does say Manufactured in the E.U. so I would say European release. It was also released in Poland few days after the official date. At the moment we don't have any info about any other manufacturing countries.
  7. I think AndOne can be forgiven for thinking the FB requirement was about page likes/publicity. most contests relating to social media are about this.

    Maybe or maybe not :P By the way, I have my HT Vinyls order confirmed so indeed the giveaway is legit :)

     

     

    @Skipees, We'll announce winners next week with a screen from our mail with date and time of the right answer arrival.

  8. lol. It's not the idea, everyone loves free stuff. It's just the rules some don't seem to like. Apparently not everyone has facebook, so you shouldn't force it on them to like your page otherwise they can't win, just to get more likes for your FB page.

    We need facebook cause we want future winners to share a photo once they receive the item. That way we can prove that the contest was not a fake and they really did get something (not like someone here (I don't remember now) who won Ipod or something? And never received it). So yeah sometimes it's not about the page likes...You either agree to the contest rules or not. Simple? Not for everyone :)
  9. You should read the whole news post, and not only part of it :)

    Sorry, I use VK so wtf with info only for Russian fans? :P There have been some messages in different languages in the past but such news about official VK profile should be visible for all I think..
  10. From the owner of the Linkin Park Catalog (lpcatalog.com):

     

    Just thought I'll let you all know here:

     

    As you might already know (or maybe you don't know), lpcatalog has officially been online for a full year. We've decided to celebrate with a giveaway contest. The goal is to find out the password. Simply look through lpcatalog pages to find missing letters on scans. You then have to figure out the password which consists of two words. It can be hard, but it can be easy, depending on the path you choose. We may or may not post some hints throughout the week on our Facebook page. Prizes are as follows:

     

    #1: Record Store Day Hybrid Theory Vinyl Album (including bonus OSC 10" single)

    #2: One Step Closer US Promo #PRO-CD-100323

    #3: Numb CD/DVD US Promo #PRO-CD-101200

     

    You can send your answers to info@lpcatalog.com until 24.04.2013. First person to send the right answer wins the first prize and so on. NOTE:To win You have to like our facebook page and to receive the prize give us Your full name and address (if You win). International packages can take 2-4 weeks to arrive.

     

    Contest starts at midnight GMT. Good luck!

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