Media & Entertainment

  • September 23, 2016

    Taxation With Representation: Milbank, Fenwick, Mayer Brown

    In this week’s Taxation With Representation, Eldorado Resorts snatches up Isle of Capri Casinos for $1.7 billion, a tech-focused private equity firm buys California-based Infoblox for nearly as much, and Lennar Corp. expands its Florida footprint with a $643 million deal.

  • September 23, 2016

    TMZ, Warner Bros. Dodge Suit Over Jared Leto Video

    Celebrity gossip site TMZ escaped a copyright infringement suit Friday brought by actor and musician Jared Leto for publishing a clip where he swears about Taylor Swift in his home studio, when a California federal court said Leto doesn’t own the copyright to the video.

  • September 23, 2016

    Tribe Joins Mass. Residents' Trust Land Fight Over Casino

    The Mashpee Wampanoag Tribe received permission on Friday to step into a lawsuit in which a federal judge recently ruled in favor of a group of Massachusetts residents by holding that the U.S. Department of the Interior was wrong to take land into trust for the tribe's planned casino.

  • September 23, 2016

    'Enough,' Frustrated Judge Tells NetJets, Pilots Union

    A Friday order by an Ohio federal court relating to a motion filed under seal in an access dispute between a Berkshire Hathaway Inc.-owned jet charter company and the pilots’ union signaled the court’s exasperation with a stream of filings via its one-word opening: “Enough.”

  • September 23, 2016

    Google Blasts Ex-MySpace Owner For ‘Harassing’ Motions

    Google, News Corp. and Ask.com owner Interactive Corp. urged a California federal judge Friday to declare a former MySpace co-owner a vexatious litigant over his pursuit of allegations they depressed MySpace’s price ahead of its 2005 sale, saying he’s filed 16 “really harassing” motions since the court dismissed the claims a year ago.

  • September 23, 2016

    Ex-NY Gov. Settles As SEC Sues Defunct Movie Studio Execs

    Ex-New York Gov. David Paterson and a music executive have settled with the U.S. Securities and Exchange Commission over charges they failed to timely report stock ownership while on the board of a defunct startup movie production company whose executives are accused of fraud, the agency said Friday.

  • September 23, 2016

    Fed. Circ. Backs DirecTV, Amazon Alice Wins On Streaming IP

    The Federal Circuit on Friday affirmed a lower court’s decisions that two streaming media patents asserted against Amazon.com Inc., DirecTV LLC and the major sports leagues are invalid for claiming only abstract ideas under the U.S. Supreme Court’s Alice decision.

  • September 23, 2016

    Madonna’s Copyright Accuser Gets $720K Fee Award Nixed

    A California judge Friday reversed her decision requiring a music publisher that unsuccessfully sued Madonna for infringement over a horn-riff sample to pay the singer’s $720,000 in legal costs, determining the claims were not frivolous or objectively unreasonable after the Ninth Circuit mandated reconsideration.

  • September 23, 2016

    DirecTV Can't Duck FTC False Ad Claims

    A California federal judge refused Friday to pare back a Federal Trade Commission lawsuit accusing DirecTV of misleading customers about a promotional channel package, finding the satellite television provider can't show its disclosures to be “clear and conspicuous” without going to trial.

  • September 23, 2016

    High Court Urged To Hear Google, Viacom Child Privacy Row

    The U.S. Supreme Court has been asked to weigh in on whether Google and Viacom violated the Video Privacy Protection Act and other federal statutes by allegedly tracking children's internet and video-viewing activities, with petitioners claiming that a recent Third Circuit opinion "would eviscerate wiretap protections for internet communications."

  • September 23, 2016

    Ax Crime Writer's Claim Of Phony DOJ Report, Judge Told

    Anchin Block & Anchin LLP renewed its call Friday to dismiss crime writer Patricia Cornwell's allegation that the accounting firm falsely accused her of a crime to federal prosecutors, despite a judge's earlier indication that a retrial would probably best deal with the claim, which is what remains of an overturned blockbuster verdict.

  • September 23, 2016

    Turtles' Lawyers Denied Cut of $210M Sirius XM Settlement

    A California federal judge on Friday refused to give attorneys for 1960s rock band The Turtles a cut of a $210 million settlement inked between Sirius XM Radio Inc. and the major record labels over so-called pre-1972 recordings, saying he had no power to do so.

  • September 23, 2016

    Brand Battles: 'Serial' Podcast Fights For Trademark On Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the producers of hit podcast "Serial" tell the board its name isn't generic, the Federal Emergency Management Agency takes aim at name it says was designed to mimic a federal flood insurance program, and two former BigLaw attorneys struggle to register their new firm name as a trademark.

  • September 23, 2016

    Cable Group Bashes 'Tax' In FCC's Special Access Rules

    A trade group for small and medium cable companies pushed back on the Federal Communications Commission’s plan for new rules for so-called special access services, saying in a Thursday letter that the currently planned rules would amount to a “tax” on smaller providers.

  • September 23, 2016

    NFL-DirecTV 'Unquestionably Anti-Competitive,' Court Told

    DirecTV subscribers blasted the National Football League on Thursday for trying to evade multidistrict litigation alleging the NFL's exclusive Sunday Ticket package with the broadcaster violates federal antitrust law, arguing there's nothing “pro-competitive” about the arrangement.

  • September 22, 2016

    Calif. Justices To Hear Yelp's Challenge Of Review Removal

    The California Supreme Court on Wednesday agreed to hear Yelp’s petition challenging a lower court’s ruling ordering it to remove a negative review by a former client of a personal injury attorney, which Yelp had argued violated its free speech rights.

  • September 22, 2016

    7th Circ. Reverses US Soccer Tequila Ad Arbitration Ruling

    United States Soccer Federation Inc. scored a win against a labor union for U.S. men’s national team members when the Seventh Circuit Thursday reversed an arbitrator’s decision, saying he erred in ruling that a tequila print ad featuring players’ likenesses required advance approval.

  • September 22, 2016

    Gibson Guitars Says UK Co. Infringed On Its Iconic Brand

    Iconic guitar maker Gibson Brands Inc. urged a California judge Thursday to rule a United Kingdom company willfully infringed on its trademark by offering similarly-shaped but inferior instruments, saying the company “pirated” Gibson’s product designs and tarnished its image.

  • September 22, 2016

    Madden NFL, Retired Players Tackle Cert. In Likeness Row

    Video game maker Electronic Arts and a putative class of retired NFL players who say “Madden NFL” uses their likeness without permission argued over class certification in a California federal court hearing Thursday, clashing over whether publicity is a property right and whether it's feasible to ascertain thousands of players’ avatars.

  • September 22, 2016

    NBA Inks Deal With Stats-Keeping, Player-Tracking Firms

    The National Basketball Association has partnered with sports data firms Sportradar and Second Spectrum in a deal that the league said will help it get statistics and game feeds to international gaming operators and improve its advanced player tracking.

Expert Analysis

  • 9th Circ. Limits CDA Immunity From Failure-To Warn-Cases

    Tyler Newby

    Although the Ninth Circuit's recent opinion in Beckman v. Match.com is unpublished, it creates a potentially troubling gap in the Communications Decency Act immunity protecting online services from suits based on the conduct of their users, say Tyler Newby and Hanley Chew of Fenwick & West LLP.

  • When Demand Letters Constitute Extortion In California

    Felix Shafir

    In 2006, the California Supreme Court held that a lawyer’s prelitigation communications can constitute extortion. Ever since, lower courts have wrestled with how to distinguish between extortionate threats and proper demand letters. The most important distinction is between threats of civil litigation and threats of criminal prosecution, say Felix Shafir and Jeremy Rosen of Horvitz & Levy LLP.

  • Talking 'Bull': Episode 1, The Necklace

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series about a fictional NYC jury consultant. Spoiler alert.

  • Are Loyal Customers Happy Shareholders?

    Ze’-ev Eiger

    With the recent amendments to Regulation A and the adoption of Regulation Crowdfunding, companies have now become more acutely focused on broadening their investor base by soliciting interest in offerings of their securities from their customers. In this article, Ze’-ev Eiger and David Lichtstein of Morrison & Foerster LLP discuss the history of direct-to-consumer offerings, current approaches and considerations for companies.

  • How Tribes Can Avoid Gambling With Casino Patrons' Data

    Erica J. Dominitz

    While all organizations, regardless of size, are vulnerable to data breaches, casinos are particularly attractive targets for cybercriminals for obvious reasons. Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP outline the steps that casinos should take in order to secure adequate cyberinsurance and protect themselves from cyberlosses.

  • FTC's Indirectly Set Standard For Mobile Location Tracking

    Mark Sableman

    The Federal Trade Commission recently rebuked the mobile app company InMobi for sneakily tracking the locations of app users who did not consent to revealing their location. This case of indirect geolocation determination and indirect misleading of mobile app users has indirectly set broad new responsibilities for app providers, ad networks and analytic firms, says Mark Sableman of Thompson Coburn LLP.

  • An Unusual Attorney-Client Privilege Twist For Backpage

    Brian D. Smith

    In the Senate Permanent Subcommittee on Investigations' litigation against Backpage, a D.C. federal court recently ruled the company cannot assert attorney-client privilege to protect certain documents. The decision has significant implications for any individual or company facing demands from Congress for documents, information or testimony, says Brian Smith of Covington & Burling LLP.

  • 10 Considerations When Advertising On Social Media

    David Kluft

    For the most part, the same rules that govern traditional advertising also govern commercial speech on social media. But there are some issues that seem to arise more commonly or even exclusively in the context of social media advertising. What are these issues and how do you think through them? Here are 10 questions to get you started, says David Kluft of Foley Hoag LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • How The 9th Circ. Is 'Throttling' FTC Jurisdiction

    Howard Morse

    The Ninth Circuit recently issued its decision in Federal Trade Commission v. AT&T, ruling that AT&T is protected by Section 5 of the FTC Act. The court said that common carrier providers are exempt from FTC scrutiny even when they are not providing common carrier services, potentially redefining the jurisdiction boundaries between the FTC and the Federal Communications Commission, say attorneys at Cooley LLP.