Media & Entertainment

  • March 2, 2015

    Kirkland & Ellis Denies Conflicts In Caesars Retention

    Kirkland & Ellis LLP bankruptcy attorneys fought back Monday against a bid to disqualify them from representing Caesars Entertainment Operating Co., denying that the firm owes any loyalty to the private equity shareholders accused of looting the largest U.S. gaming company.

  • March 2, 2015

    Workers In Wage, Visa Suit Press Judge For Class Cert

    Workers accusing an amusement park company of underpaying them and forcing them to pick up H-2B visa expenses asked a Massachusetts federal court Friday for class certification, saying they have met certification requirements and that common questions predominate over individual issues.

  • March 2, 2015

    Amazon's Clickwrap Forum Clause Sends IP Suit To Seattle

    A Missouri federal judge ruled Monday that a forum selection clause contained in an Amazon.com Inc. clickwrap agreement requires St. Louis-based Appistry Inc. to litigate its patent infringement claims in the Internet retailer's home state of Washington.

  • March 2, 2015

    Chinese Sports-Lottery Biz Misled Investors Before IPO: Suit

    China-based 500.com Ltd. was hit with a proposed class action in California federal court Friday, alleging that in the run-up to the online sports-lottery service's 2013 initial public offering in the U.S., the company misled investors about having China's approval to conduct business.

  • March 2, 2015

    Billion-Dollar Issues Loom Over Fla. Legislature Session

    The Florida Legislature heads into its 2015 session Tuesday eyeing another projected budget surplus, but several billion-dollar questions on health care, the environment and gambling could crowd the legislative agenda and curtail the governor's proposed hundreds of millions in tax cuts. Here, Law360 looks at items on the lawmakers' radar this session.

  • March 2, 2015

    Fed. Circ. Says Trademark 'Use' Needs More Than Advertising

    The Federal Circuit on Monday sided with Walt Disney Co. in its bid to cancel a man’s trademark registration on the name “Playdom,” issuing a precedential ruling that said a service mark is only “used” in commerce when the service has actually been rendered — not when it’s merely been advertised.

  • March 2, 2015

    Icahn, Gannett Reach Truce With Spinoff Governance Pact

    Carl Icahn on Monday agreed to end his campaign for board seats and other changes at Gannett Co. after the media company agreed to implement certain corporate governance provisions as part of the upcoming spinoff of its publishing business.

  • March 2, 2015

    Aereo Outlines Repayment Plan After Feeble Ch. 11 Sale

    Aereo Inc. outlined a strategy on Friday to pay back creditors with the meager proceeds of an auction for intellectual property and television streaming technology  that threatened to upend the U.S. television marketplace before being declared illegal by the U.S. Supreme Court.

  • March 2, 2015

    D'Souza Must Exit Confinement Before Requesting India Trip

    A Manhattan federal judge said Monday that Dinesh D’Souza must complete his time in a San Diego, California, halfway house before the controversial pundit, who is serving a probationary sentence after admitting to violating federal campaign finance law, can have his request to travel to India considered.

  • March 2, 2015

    Dentist Misused Copyright To Stifle Yelp Reviews: Judge

    A New York federal court handed down a judgment on Friday against dentist Stacy Makhnevich, wrapping up a rare class action case with a ruling that said she misused copyright law in an effort to quash negative Yelp reviews of her practice.

  • March 2, 2015

    Tencent Unit Strike $267M Deal For Online Property Co.

    Tencent Holdings Ltd.-backed Chinese online marketplace 58.com Inc. has struck a $267 million deal to pick up a real estate listing platform, which will combine with 58.com's own housing category to create the largest online secondary and rental real estate platform in China, the company announced Monday.

  • February 27, 2015

    Gayes' Expert Faces Absent Notes At 'Blurred Lines' Trial

    Attorneys for Robin Thicke and Pharrell Williams on Friday grilled a musicologist called by Marvin Gaye’s family to testify that their hit "Blurred Lines" infringes Gaye’s “Got to Give it Up,” asking how "Blurred Lines" could have copied note sequences that don’t appear on Gaye’s sheet music.

  • February 27, 2015

    Manager Took From Uber Fund To Pay Twitter Investors: SEC

    The U.S. Securities and Exchange Commission on Friday accused a New York fund manager of running a Ponzi-like scheme that paid investors in a fund for pre-initial public offering shares of Twitter Inc. out of a fund that was supposed to buy pre-IPO shares of Uber Technologies Inc.

  • February 27, 2015

    Live Nation Dodges Suit Over Springsteen Ticket Sales

    A New Jersey federal judge on Friday tossed a class action against Live Nation Entertainment filed by Bruce Springsteen ticket purchasers who allege the company withheld tickets to inflate profits, ruling nonpurchasers can't join the class but allowed the plaintiffs to resubmit a pared-down suit.

  • February 27, 2015

    Art Investors Urge High Court To Revisit $22M Insurance Beef

    A group of art investors has again urged the U.S. Supreme Court to force a New York federal court to clarify or enforce its order dismissing a $21.6 million coverage fight with an AXA SA subsidiary, saying recent events involving Alabama’s same-sex marriage laws underpin the importance of the underlying issue.

  • February 27, 2015

    Kleiner Men Dished About Sex, Porn On Work Trip, Jury Told

    Interim Reddit CEO Ellen Pao told Kleiner Perkins Caufield & Byers LLP top brass that she'd been subjected to discussions about porn stars and male colleagues' sexual preferences during a work trip, according to emails shown to a California jury Friday in Pao's gender-discrimination trial against the venture capital giant.

  • February 27, 2015

    FCC To Fine Carrier $9M For Slamming, Cramming Charges

    The Federal Communications Commission on Friday pledged to levy a $9 million fine against a long-distance telephone company for allegedly switching customers’ service without authorization and wrongly billing them, practices known as slamming and cramming.

  • February 27, 2015

    Vivendi Inks Deal To Sell Numericable-SFR Stake For $4.4B

    French media company Vivendi SA accepted Friday a €3.9 billion ($4.4 billion) offer to sell its 20 percent stake of telecommunications unit Numericable-SFR to Altice SA and Numericable-SFR, both owned by billionaire Patrick Drahl, promising to use some proceeds to launch a stock buyback.

  • February 27, 2015

    NFL Players Won't Take A Knee On Revised $765M Settlement

    Several former professional football players objected Friday to an amended $765 million proposed settlement in multidistrict litigation regarding concussions with the National Football League, saying the amendments create a situation in which players with a certain brain condition would have incentive to commit suicide before the cutoff date for benefits.

  • February 27, 2015

    Brand Battles: NCAA, Margaritaville, Rothschild Family

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the NCAA claims trademark rights to the name and the actual image of tournament "brackets," a Margaritaville-brand margarita maker ends up in a fight with Fiji Water and the heirs of the Rothschild family give TTAB a history lesson.

Expert Analysis

  • Ignore The Digital Economy Tax Movement At Your Own Peril

    Gregory J. Hartker

    Once again, we find ourselves faced with a proposal attempting to target and provide special tax rules for income generated by digital goods and services. While it may be easy to dismiss this specific provision as unlikely to be implemented, it would be unwise to ignore the momentum that is building, says Gregory Hartker of K&L Gates LLP.

  • Privacy Settings Won't Keep Social Media Posts Out Of Court

    Robin Perkins

    A Florida appellate court recently upheld a lower court’s order compelling the plaintiff to produce photographs originally posted to her Facebook page. This ruling in Nucci v. Target Corp. adds to the growing body of law holding that data and information posted on social media websites is not subject to special protection, say Robin Perkins and Casey Perkins of Snell & Wilmer LLP.

  • 2 Delaware Cases May Slow Appraisal Arbitrage Momentum

    Mark D. Gerstein

    Two appraisal cases out of Delaware involving CKx Inc. and Ancestry.com mark an important judicial response to the recent spike in “appraisal arbitrage,” which may effectively subdue the rise of this practice. The scope of these decisions, however, should not be overstated, say attorneys with Latham & Watkins LLP.

  • What Amazon Giveaway Means For Sweepstakes Laws

    S. Gale Dick

    Having radically reshaped publishing, retail and digital content, Amazon in February showed its intent to do the same to sweepstakes. Yet Amazon Giveaway's rules are notable in that they eschew many of the precautions taken by promoters of nationwide sweepstakes concerned with running afoul of antiquated state lottery laws, say attorneys with Cohen & Gresser LLP.

  • FCC Adopts Net Neutrality Regulations — What Lies Ahead?

    John Beahn

    If allowed to stand, the Federal Communications Commission's revised network neutrality regulations will have far-reaching implications for the telecommunications, media, content, Internet and technology industries. One of the first decisions that net neutrality opponents will need to make is whether to seek a judicial stay of the order and the regulations, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

    Andrew Hoffman

    Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

  • Don't Forget About Publicity Rights In Estate Planning

    Barbara Wahl

    As "The Imitation Game" — the recent Oscar-winning movie about English code-breaker Alan Turing — demonstrates, there’s no telling whose life and image may get the Hollywood treatment after they are gone. Modern estate planning should account for this potential asset, says Barbara Wahl of Arent Fox LLP.

  • Tinder Swipes Left On Gap's New Ad Campaign

    Doron Goldstein

    Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap Inc., stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for advertising on social media platforms, say Doron Goldstein and Jennifer Greenberg of Katten Muchin Rosenman LLP.

  • This Week In Congress: Avoiding A DHS Funding Showdown

    Richard A. Hertling

    One major change in the debate over U.S. Department of Homeland Security funding — which expires this Friday — is that a Texas federal district judge has issued an injunction against the Obama administration’s immigration policy, essentially putting it on hold. This may be an opportunity for the Senate to avoid the policy riders and pass a clean funding bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.