Media & Entertainment RSS

  • April 23, 2014

    High Health Ad Standards May Hurt Consumers, FTC Commish Says

    Recent Federal Trade Commission settlement agreements requiring marketers to back up their health benefit claims with two separate studies threaten to impose undue burdens on the businesses and may curtail them from making legitimate health-related claims about their products, a Republican FTC commissioner said on Wednesday.

  • April 22, 2014

    Gawker Wins Dismissal Of Tarantino's Copyright Suit

    A California federal judge on Tuesday tossed Quentin Tarantino's copyright infringement lawsuit against Gawker Media LLC over the leak of his screenplay for "The Hateful Eight," finding that he failed to allege sufficient facts to support his contributory infringement claim, but giving the writer-director time to amend his complaint.

  • April 22, 2014

    Cheerleaders Sue Buffalo Bills For Cheating Them On Wages

    Five former Buffalo Bills cheerleaders launched suit in New York court Tuesday, accusing the state's football organization and the companies involved in managing the team's cheerleading squad of denying them minimum wage, in violation of New York labor laws.

  • April 22, 2014

    FTC Urged To Reject Candidate For COPPA Safe Harbor Role

    The Center for Digital Democracy on Monday shot back at the Internet Keep Safe Coalition's bid to become the seventh safe-harbor provider under the Children's Online Privacy Protection Act rule, telling the Federal Trade Commission that the nonprofit lacks the expertise to run a robust program.

  • April 22, 2014

    9th Circ. Hands Win To EA In Cybersports Show Copyright Suit

    The Ninth Circuit on Tuesday affirmed a lower court's dismissal of a screenwriter's copyright infringement suit alleging Electronic Arts Inc., Viacom Inc. and others stole his idea for a sports video gaming show, agreeing that the plaintiff lacked standing because he didn't list his alleged copyright as an asset in a bankruptcy proceeding.

  • April 22, 2014

    Money Centers CEO Says Ch. 11 Trustee Would Hurt Recovery

    Bankrupt casino check-cashing firm Money Centers of America Inc.'s CEO and sole director said Tuesday that allegations of mismanagement from creditors hoping to have a trustee appointed were inaccurate and that the court's assignment of an outside overseer would only squash potential recoveries.

  • April 22, 2014

    NCAA Asks Court To Rethink Seeking PSU Input On $60M Fine

    The NCAA on Monday asked a Pennsylvania appeals court to reconsider a recent finding that a consent order leveling $60 million in fines against Pennsylvania State University following the Jerry Sandusky sex abuse scandal requires the school’s input to be considered valid.

  • April 22, 2014

    Justices' Heads In The Cloud During Aereo Hearing

    U.S. Supreme Court justices grilled attorneys for both Aereo Inc. and the big broadcasters Tuesday, expressing strong skepticism about the legality of the streaming service but also pushing the networks to explain how the court could avoid a ruling in the copyright battle that harms cloud computing.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Fox Seeks Dismissal Of 'New Girl' Ripoff Allegations

    21st Century Fox Inc. and the creator of Fox's hit TV show "New Girl" urged a California federal judge on Monday to dismiss a suit by a pair of writers who claim the show is a blatant copy of a television pilot they wrote and shopped to networks years earlier, saying the two works are not substantially similar.

  • April 22, 2014

    Freeh Urges Pa. Appeals Court To Nix Stay In Libel Suit

    A Pennsylvania state judge wrongly allowed ex-Penn State University chief Graham Spanier to stay a libel suit he launched against former FBI Director Louis Freeh following an independent report that criticized Spanier's handling of the Jerry Sandusky sex abuse scandal, a state appeals court heard Tuesday.

  • April 22, 2014

    Gaming Motherboard Makers Face False Ad Class Action

    Three computer component manufacturers were hit with a proposed class action on Monday in California federal court, claiming they oversold the performance capabilities of their motherboards to appeal to video gamers in violation of state consumer protection and competition laws.

  • April 22, 2014

    In NHL Concussion Row, Insurers To Zero In On Violence

    A high-stakes feud broke out last week among the National Hockey League, TIG Insurance Co. and 11 other insurers over hockey players' lawsuits concerning their long-term injuries from concussions, with insurers likely to hone in on claims that the NHL encouraged violent brawls as grounds for challenging coverage.

  • April 22, 2014

    Kings On Hook For $30M Cost Increase To Arena Project

    The Sacramento Kings basketball team will be covering a new $30 million cost overrun for their proposed basketball arena and have agreed to a new leasing structure that favors the city as the project moves toward its final leg of local approvals, according to city documents released Monday.

  • April 22, 2014

    Allegedly Duped Film Backers' Sued Wrong Co.: Paramount

    Paramount Pictures Corp. on Monday asked a New York federal judge to dismiss a suit filed by investors claiming they were tricked into committing $40 million to help fund a slate of movies, saying the allegations were misplaced.

  • April 22, 2014

    Sales Tax Cuts Amazon Purchases By 10%, Study Finds

    The institution of sales taxes on online purchases in several states across the U.S. caused an almost 10 percent drop in online retailer Amazon.com Inc.’s sales, according to research released this month by The Ohio State University.

  • April 22, 2014

    Tennis Assoc. Settles IP Suit Over 'Venus And Serena' Film

    The U.S. Tennis Association has settled a New York federal court suit accusing the directors of a documentary about tennis stars Venus and Serena Williams of using U.S. Open footage without a license, a representative for the filmmakers said on Tuesday.

  • April 22, 2014

    AT&T, Chernin Pour $500M Into Online Video JV

    Dallas-based AT&T Inc. and Los Angeles media holding and investment firm The Chernin Group LLC will invest more than $500 million into a new, online video joint venture that will acquire, invest and launch online video services, the companies said Tuesday.

  • April 21, 2014

    EFF Challenge To Podcast Patent Advances In USPTO

    The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Friday said Electronic Frontier Foundation has established a “reasonable likelihood” that it will prevail in its formal challenge to Personal Audio LLC’s patent-protecting podcast technology, which the EFF says is unpatentable based on prior art evidence.

  • April 21, 2014

    Vegas Resort Hit With TCPA Suit After Cyber Monday Promo

    A California man recently brought a class action against Cosmopolitan Hotels & Resorts Inc., saying the Las Vegas hotel and casino violated the Telephone Consumer Protection Act when it sent him a text message more than a month after he signed up for a Cyber Monday promotion.

Expert Analysis

  • ITC On Digital Imports: Takeaways For Software, Media Cos.

    Aarti Shah

    The U.S. International Trade Commission's much-awaited decision in Certain Digital Models confirms that the ITC can provide a powerful remedy for software, publishing and media companies whose intellectual property rights have been violated. However, those wishing to take advantage of this decision should craft their discovery requests carefully, and consider the timing of when they file complaints, says Aarti Shah, a partner with Mintz Levin Cohn Ferris Glovsky and Popeo PC and former senior investigative attorney at the ITC.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Fla. Film Tax Credit Bills Are Good For Business

    Alan Feldman

    The goal of the proposed tax incentive bills being considered by the Florida Legislature is to encourage production companies to produce movies, music and television series in the state. The incentives will likewise benefit law firms and the legal profession by increasing revenues, says Alan Feldman of Lydecker Diaz.

  • 4th Circ. CPSC Ruling Won't Stop Fight For Accurate Reports

    Kerrie Campbell

    The Fourth Circuit’s unsurprising opinion that the district court records in Company Doe v. Tenenbaum be unsealed does not in any way diminish the district court’s groundbreaking order permanently barring the Consumer Product Safety Commission from posting an inaccurate, inflammatory report on its website, and should not deter companies from exercising their right to insist that information published about them be truthful and accurate, says Kerrie Campbell of Chadbourne & Parke LLP.

  • Should Bloggers Be Treated As Publishers Under Libel Law?

    Robert L. Rogers III

    The Florida appellate case of Comins v. VanVoorhis offers the latest in a small but growing number of debates over whether and, if so, what kinds of bloggers or publishers of Internet content should be afforded the same protection as print and broadcast journalists. Indeed, one of the more controversial points of contention for the Free Flow of Information Act bill still awaiting passage by Congress is a provision that narrowly defines "covered journalist" to exclude bloggers, says Robert Rogers of Holland & Knight LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • Proving Harm In Trademark Cases Post-Herb Reed

    Beth Goldman

    The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.

  • Baidu Ruling Reinforces Search Engine Immunity

    Joshua Fowkes

    The ruling by the Southern District of New York in Zhang v. Baidu strongly supports the principle that search engines and e-commerce sites are immune from legal claims based on how they retrieve, present and rank information and products. This result is particularly important because high rankings on Google, Amazon and other powerful search engines are critical for companies conducting e-commerce, says Joshua Fowkes of Arent Fox LLP.

  • Home Entertainment Market Offers Opportunity And Peril

    F. Paul Pittman

    The emergence of “smart” technology is opening new avenues for advertisers and media and entertainment companies to reach consumers at home and provide them with content and services in a new interactive, direct and personalized manner. But companies must be aware of the potential dangers in this space and take certain steps to ensure transparency in their data collection efforts, says F. Paul Pittman of Sedgwick LLP.