Media & Entertainment

  • October 21, 2014

    DirecTV Dealer Urges Calif. Panel To Reinstate $9.5M Award

    A DirecTV Inc. dealer on Tuesday urged a California appeals court to reinstate a $9.5 million arbitration award it won against the satellite company in a contract dispute, arguing a trial court erred in applying state rather than federal arbitration law to vacate the award.

  • October 21, 2014

    EA Beats Investor Suit Over ‘Battlefield 4’ Bugs

    A California federal judge on Monday tossed a shareholder class action accusing Electronic Arts Inc. of failing to foresee technical problems with its “Battlefield 4” videogame that caused stock prices to fall, saying the company’s statements leading up the game’s release were nothing more than corporate “puffery.”

  • October 21, 2014

    Manatt Snags Steptoe IP Partner In Los Angeles

    Manatt Phelps & Phillips LLP has hired away a former Steptoe & Johnson LLP partner who led the firm's trademark transactional practice in California, with particularly deep experience in entertainment and media, food and beverage, software and online services, the firm announced Monday.

  • October 21, 2014

    Universities In Trademark Fight Over 'Pistol Pete' Mascot

    A trademark fight broke out in federal court on Monday, when Oklahoma State University sued New Mexico State University for copying its “Pistol Pete” mascot — the culmination of years of strange and unsettled simultaneous use of the cowboy mascot.

  • October 21, 2014

    NY Court Revives Defamation Suit Against Syracuse Coach

    New York's highest court on Tuesday revived a defamation suit against Syracuse University men's basketball coach Jim Boeheim brought by two men who accused his former assistant of molestation, finding Boeheim was not engaging in pure opinion when he said the men were liars out for a payday.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 21, 2014

    CORRECTED: OneBeacon Hit With $34M Verdict Over Dish Malpractice Case

    A Texas federal jury on Friday issued a $34 million verdict in favor of law firm T. Wade Welch & Associates to conclude a trial over whether OneBeacon Insurance Group Ltd. had to indemnify the firm against malpractice claims that its former client Dish Network Corp. brought after being sanctioned in antitrust litigation. Correction: An earlier version of the story incorrectly reported the amount of the verdict. The error has been corrected.

  • October 20, 2014

    Cinemax Actress Can't Avoid Claims Over Refused Sex Scenes

    An actress suing HBO, Cinemax and a production company saying she was coerced into filming "softcore porn" sex scenes for a late-night adult television series can't avoid counterclaims alleging she breached her contract by refusing to appear nude in the scenes, a California judge ruled Monday.

  • October 20, 2014

    Revel Auction Loser Can’t Void Brookfield Sale, Judge Says

    A New Jersey bankruptcy judge on Monday formally rebuffed a motion to invalidate the auction of Atlantic City’s bankrupt Revel Casino Hotel, dismissing a losing bidder’s claims of a tainted auction days after the bidder filed notice of appeal.

  • October 20, 2014

    Facebook Seeks Same 2nd Circ. Panel For Investor IPO Spats

    Facebook Inc. asked the Second Circuit on Thursday to have the same merits panel hear appeals of four shareholder derivative suits launched over the social media titan's 2012 initial public offering, saying the suits lob overlapping breach of fiduciary duty allegations against Facebook's directors.

  • October 20, 2014

    Pro Leagues, NCAA Make Play To Stop NJ Sports Betting Law

    The four major U.S. sports leagues and the NCAA on Monday sought an injunction in federal court against New Jersey’s new sports gambling law after Gov. Chris Christie on Friday signed a bill legalizing the practice at casinos and racetracks.

  • October 20, 2014

    Robin Thicke Tackles ‘Blurred Lines’ IP Claims In LA Court

    Singer Robin Thicke and producer Pharrell Williams urged a California federal judge on Monday to rule that their megahit “Blurred Lines” doesn't infringe copyrighted material from rhythm-and-blues legend Marvin Gaye, arguing Gaye's family can only assert ownership of a specific composition, not general musical ideas.

  • October 20, 2014

    Attys Seek OK For Fee Deal In Apple E-Books Antitrust Case

    Attorneys representing Apple Inc. e-book consumers on Friday sought a New York federal judge's approval of a uniquely structured fee award that could net plaintiffs firms as much as $30 million, arguing the payout is warranted because Apple fought counsel aggressively at each step of the antitrust litigation.

  • October 20, 2014

    Sen. Leahy Asks Comcast To Promise No Fast Lanes

    With Comcast Corp. waiting for approval of its proposed $45 million mega-merger with Time Warner Cable Inc., Senate Finance Committee head Sen. Patrick Leahy, D-Vt., is calling on the cable giant to promise that it will not create “fast lanes” on its network.

  • October 20, 2014

    U. of Chicago Hit With Copyright Claim Over Translation

    The University of Chicago Press, the largest university press in the country, is facing copyright infringement claims over English translations of 17th-century Spanish author María de Zayas y Sotomayor.

  • October 20, 2014

    RE Rumor Mill: Blackstone, Forest City, Canyon-Johnson

    Blackstone Group LP may be planning to bump up the size of its European real estate fund by nearly $2 billion, while Forest City Ratner Cos. is said to be preparing to sell a 55 percent stake in the Barclays Center and Canyon-Johnson Urban Funds has reportedly sold off a Washington, D.C., apartment complex for $62 million.

  • October 20, 2014

    NCAA Says Pa. Court Overstepped In Penn State Fine Fight

    The National Collegiate Athletic Association Friday asked the Pennsylvania Supreme Court to put an end to its fight with state officials over $60 million in fines imposed on Penn State University stemming from the Jerry Sandusky sex abuse scandal, arguing a lower court has overstepped its bounds.

  • October 17, 2014

    Dish, Fox Each Say Aereo Backs Their Claims In DVR Fight

    Dish Network Corp. and Fox Broadcasting Inc. faced off in a California federal courthouse Friday, each arguing that the U.S. Supreme Court's recent Aereo ruling supports its bid for a quick win in their fight over whether Dish's Internet-streaming DVR features infringe Fox's copyrights.

  • October 17, 2014

    Christie Passes Bill To Nix Sports-Betting Laws In NJ

    New Jersey Gov. Chris Christie signed legislation on Friday to repeal the state's prohibition against sports betting — one day after the state's Assembly passed an identical version of the bill designed to support a recent directive to allow wagering at casinos and racetracks.

  • October 17, 2014

    11th Circ. Axes Fair Use Ruling Over GSU Digital Copies

    The Eleventh Circuit on Friday vacated a decision holding that digital excerpts of books from Oxford University Press Inc. and two other academic publishers provided to students at Georgia State University were protected by fair use, finding a lower court should have used a more “holistic” fair-use analysis.

Expert Analysis

  • NCAA Insurance News — A Step In The Right Direction

    Richard Giller

    Although the National Collegiate Athletic Association's recent decision to enable student-athletes to borrow against their potential future earnings in order to purchase insurance that protects those earnings only affects the handful of student-athletes who might play professional sports, it nevertheless represents a significant departure from the NCAA’s previous position, says Richard Giller of Polsinelli PC.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • The Latest On Preliminary Injunctions In Trademark Cases

    Richard Kirkpatrick

    For many years, preliminary injunctions have long been the standard remedy of choice to challenge and stop trademark infringements at an early stage, but that long tradition may be in for a big change, says Richard Kirkpatrick of Pillsbury Winthrop Shaw Pittman LLP.

  • Tax Lessons From Reality Stars On What Not To Do

    Stephanie C. Chomentowski

    Two reality stars recently made headlines for being prosecuted for tax crimes and fraud, underscoring the fact that how information is conveyed to the government can sometimes make the difference between being able to avoid criminal charges and being sentenced to prison, says Stephanie Chomentowski of Blank Rome LLP.

  • 7th Circ. Ruling Makes Fair Use Even More Unpredictable

    Alan Friedman

    In Kienitz v. Sconnie Nation LLC, the Seventh Circuit recently criticized and distinguished itself from a major fair use ruling that the Second Circuit issued in 2013. This could create incentives to forum shop with respect to works distributed nationwide in which jurisdiction and venue lies in both the Second and Seventh circuits, says Alan Friedman of Fox Rothschild LLP.

  • 5 Essential Legal Considerations For Cos. Developing Apps

    Armand Zottola

    App development can bring great opportunity, visibility and income to a company. But there are some pronounced or unique intellectual property, ownership, privacy, data security and advertising considerations that a company should keep in mind, say Armand Zottola and Morgan Brubaker of Venable LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Take Extra Steps When Social Media Page Is Evidence

    Steven Richard

    The Second Circuit recently vacated a conviction in U.S. v. Zhyltsou because the trial court improperly admitted social media evidence that the government tied to the defendant without sufficient proof of its authenticity. The foundational prerequisites to authenticate and admit website evidence must be carefully considered and developed before presentation at trial, say attorneys with Nixon Peabody LLP.

  • Time To Step Up Your COPPA Compliance

    Julia Siripurapu

    The Federal Trade Commission has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act. The latest enforcement actions against Yelp Inc. and TinyCo Inc. might affect your business, say Cynthia Larose and Julia Siripurapu of Mintz Levin Cohn Ferris Glovsky and Popeo PC.