Media & Entertainment

  • October 31, 2014

    Ex-NBA Player Denied New Trial Over $2M RE Ponzi Scheme

    A former NBA player was denied a new trial on wire fraud charges, failing to convince a New Jersey federal judge that ineffective counsel and prosecutorial misconduct led to unjust convictions on allegations of operating a $2 million Ponzi scheme involving purported real estate investments.

  • October 31, 2014

    NJ Sen. Urges Judge's Recusal In NFL Sports Betting Case

    A New Jersey state senator on Friday urged a federal judge to recuse himself from litigation filed by the National Football League and other sports leagues to block sports gambling in New Jersey, claiming the judge's fraternal bond with an NFL veteran could compromise his objectivity.

  • October 31, 2014

    Brand Battles: Levi Strauss, Birthright Israel, Nike

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Levi Strauss & Co. has "500" reasons to oppose a trademark, the group behind "Birthright Israel" aims to shut down a registration for another country's similarly named heritage trips, and Nike tells another company to Just Not Do It.

  • October 31, 2014

    US Tells Justices To Keep Ban On Expired Patent Royalties

    The federal government urged the U.S. Supreme Court on Thursday not to review a rule barring royalty agreements that extend beyond the expiration of a patent, saying that the inventor of a Spider-Man toy challenging the rule has failed to explain why the court should discard decades of precedent.

  • October 31, 2014

    4 Cos. Raise $1.2B As US IPO Market Warms Back Up

    New issuers seemed to catch a break during the final week of October, a change in pace from the drag on U.S. initial public offering activity caused by volatility in the stock market at the beginning of the month, suggesting the downturn was just a blip, experts say.

  • October 31, 2014

    Media General Launches $400M Offering To Back LIN Deal

    Media General Inc. will sell $400 million in senior unsecured notes to back its $1.6 billion acquisition of LIN Media Inc., the company said Friday, after receiving a conditional green light for the combination from the U.S. Department of Justice earlier in the week.

  • October 31, 2014

    Gann Says $1M Fee Award In TCPA Settlement Is Too Much

    Legal publisher Gann Law Books Inc. on Thursday asked a New Jersey federal court to nix a $1 million fee award in a $3 million class action over thousands of junk faxes that allegedly violated the Telephone Consumer Protection Act, saying the case wasn’t complicated enough to merit the fee.

  • October 31, 2014

    Skinnygirl Margarita Ducks 'All-Natural' Class Cert. Bid

    An Illinois federal judge on Thursday refused to certify a class in a suit targeting reality television star Bethenny Frankel and the makers of Skinnygirl Margarita over the alleged mislabeling of the premixed cocktail as all-natural, ruling that members of the class couldn’t be easily identified.

  • October 31, 2014

    New Judge Keeps NFLers' Suit Against BB&T Mostly Intact

    A Florida federal judge on Thursday allowed a $53 million suit brought by a group of current and former National Football League players against Branch Banking & Trust Co. to stand mostly intact, dismissing one count for lack of precision but allowing leave for amending.

  • October 31, 2014

    PSU's Sandusky Inquiry Docs Privileged, Pa. Court Rules

    The Pennsylvania Commonwealth Court ruled on Friday that records regarding an investigation commissioned by the Pennsylvania State University’s board of trustees into the Jerry Sandusky sex abuse scandal are protected by privilege and cannot be released under the state’s Right to Know Law.

  • October 31, 2014

    Hard Rock Beats IP Suit Over Beatles' Early Haunt

    A Florida federal judge Friday tossed a complaint lodged by Cavern City Tours Ltd. against Hard Rock Cafe International, which it accused of fraudulently obtaining the trademark for the Cavern Club, saying the plaintiff failed to present evidence showing that the Hard Rock had intended to commit fraud.

  • October 31, 2014

    SEC Upholds Bar Of Alleged Disney-Marvel Insider Trader

    The U.S. Securities and Exchange Commission denied a man’s bid to overturn his ban from working in the industry for insider trading on Walt Disney Co.’s buyout of Marvel Entertainment Inc., after finding a Dodd-Frank Act provision could not save him, according to an opinion made public Thursday.

  • October 31, 2014

    DirecTV Must Pay $10M Arbitration Award, Calif. Court Says

    A California appellate panel Thursday reinstated a $9.5 million arbitration award a DirecTV Inc. dealer won against the satellite company in a contracts dispute, saying a trial court judge was wrong in finding that the arbitrators' decision was fraught with legal errors.

  • October 31, 2014

    Comcast Castoff Plans $5.7B IPO Tied To Time Warner Deal

    Midwest Cable Inc., the cable company Comcast Corp. is spinning out to ease antitrust concerns over its planned merger with top rival Time Warner Cable Inc., said Friday it plans to raise $5.7 billion in an initial public offering next year.

  • October 31, 2014

    Paramount Smacks Down 'Mean Girls' Investors' Fraud Suit

    A New York federal judge on Thursday tossed a suit brought against Paramount Pictures Corp. by a group of investors who said that the studio tricked them into bankrolling a largely unsuccessful slate of movies in 2004 that included the surprise hit "Mean Girls," saying that the evidence didn't support the claims.

  • October 31, 2014

    FCC Weighing 'Hybrid' Plan On Net Neutrality

    Federal Communications Commission Chairman Tom Wheeler is close to settling on what has been called a “hybrid approach” for new net neutrality rules, according to a news report Thursday, a plan that would reclassify just a portion of broadband Internet delivery for tougher “common carrier” regulation.

  • October 31, 2014

    2nd Circ. Denies UBS Arbitration Bid In Facebook IPO Spat

    A split Second Circuit on Friday rejected UBS Securities LLC's bid to revive a $350 million arbitration over Nasdaq OMX Group Inc.'s alleged breach of an agreement for mishandling Facebook Inc.'s initial public offering in May 2012.

  • October 31, 2014

    Oriental Land Co. To Inject $4.4B Into Disney Theme Parks

    In an effort to revitalize its two Disney-themed amusement parks in Japan, Oriental Land Co. Ltd. announced Thursday that it would funnel about 500 billion yen ($4.45 billion) into redeveloping and expanding the properties.

  • October 30, 2014

    ‘American Hustle’ Makers Face $1M Suit For Microwave Scene

    A scientist wants $1 million from “American Hustle” producers including Columbia Pictures Industries Inc. for allegedly damaging his reputation with dialogue that suggests he made a scientifically unsupportable statement that microwaves are dangerous, according to a suit filed Thursday in California state court.

  • October 30, 2014

    Nev. High Court Rules Strippers Are Employees

    The Nevada Supreme Court on Thursday ruled that strippers are employees under state labor law, ending a years-long dispute with the world’s largest gentleman’s club over whether it must pay dancers a minimum wage and meet other employment requirements.

Expert Analysis

  • Possible Conflict Of Interest In NJ Sports Betting Case

    Daniel Wallach

    Despite what you may have read elsewhere, the fact that U.S. District Judge Michael Shipp's brother once played in the NFL is of no legal consequence to Judge Shipp presiding over a New Jersey lawsuit involving the NFL. However, his brother's apparent ambition to become an NFL coach creates at least the appearance of a conflict of interest, says Daniel Wallach of Becker & Poliakoff PA.

  • NFL Films Ruling Reverses Course, Blurs Right Of Publicity

    Ronald Katz

    There is confusion regarding the right of publicity because so many courts disagree with one another. That lack of consensus has deepened with a recent Minnesota federal court's decision in Dryer v. National Football League, which differs in important respects from a 2010 opinion from that same court, says Ronald Katz of Manatt Phelps & Phillips LLP.

  • If Voters Repeal The Massachusetts Gaming Law

    Abim Thomas

    As Massachusetts voters consider whether to ratify or veto the Legislature’s decision to allow casino gambling, the companies that planned to open casino and slot gaming establishments should keep in mind what recourse they may have in the event the cards turn out not to be in their favor on Election Day, say Abim Thomas and Joshua Daniels of Goodwin Procter LLP.

  • Judge Blocks NJ Sports Betting — What's Next?

    Daniel Wallach

    Less than 48 hours before Monmouth Park Racetrack was to open the first legal sports book in New Jersey, U.S. District Judge Michael Shipp put a temporary halt to those plans. Oral argument on the leagues’ application for a preliminary injunction is scheduled for Nov. 20. Can we expect a different outcome? Don’t bet on it, says Daniel Wallach of Becker & Poliakoff PA.

  • A Close Look At The First 2 Post-Grant Review Petitions

    Lisa Mueller

    Not surprisingly, it took a while before the first petitions for post-grant review were filed, but LaRose Industries LLC and Toys “R” Us-Delaware Inc. filed in August, and Accord Healthcare Inc. filed in September. If one or both petitions are granted, one question will be whether the Patent Trial and Appeal Board will be able to issue a decision within the mandatory 12-18 months, says Lisa Mueller of Michael Best & Friedrich LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • Refusals To Deal In The Big Data Era

    David Golden

    What happens when a single company exclusively controls a data source that is arguably necessary to compete in a product market? Generally, there is no obligation under the antitrust laws for that company to share its data with competitors, but under a narrow set of circumstances, refusals to cooperate with competitors can violate Sherman Act Section 2, says David Golden of Constantine Cannon LLP.

  • Aereo Bid To Avoid Injunction Gets Poor Reception

    Robert Kenney

    Aereo Inc. is now barred from retransmitting broadcast television programming at any time while that programming is being broadcast. The New York federal judge's ruling emphatically answers at least one question that may not have been clear — any time delay in retransmission that is less than the entire length of the broadcast to its conclusion is impermissible, says Robert Kenney of Birch Stewart Kolasch & Birch LLP.

  • Sterling Case Offers Valuable Trustee Incapacity Insight

    Shari A. Levitan

    The dispute between Donald and Shelly Sterling — resolution of which determined the control of the trust that owned the Los Angeles Clippers and whether it could be sold for a reported $2 billion — highlights the steps required for trustee removal, and raised other interesting issues as to the relevant degree of capacity required for certain actions and the time at which the measure of capacity was taken, say Shari Levitan and Stac... (continued)

  • Why You Should Start Thinking About Upcoming Drone Regs

    William O'Connor

    Companies and trade associations interested in obtaining the benefits of small unmanned aircraft systems should start formulating plans now to help shape the Federal Aviation Administration's much-anticipated notice of proposed rulemaking — likely to issue in mid-December — and the regulations that will come out of it. They need not wait for the notice, say attorneys with Morrison & Foerster LLP.