Media & Entertainment

  • July 31, 2015

    11th Circ. Upholds Yellow Pages Photo Infringement Verdict

    The Eleventh Circuit Thursday affirmed a Florida federal court's $123,000 judgment against Yellow Pages Group LLC following a jury verdict, saying there were sufficient facts at trial to support a finding that YPG willfully infringed copyrighted photos belonging to Yellow Pages Photos Inc.

  • July 31, 2015

    Trump Says Chef Can't Quit Lease Over Immigration Remarks

    A Trump Organization subsidiary filed a $10 million breach-of-lease suit against celebrity chef Jose Andres’ restaurant company for reneging on a deal to operate a restaurant at Washington, D.C.’s Trump International Hotel, saying Andres couldn't back out because he was offended by Donald Trump’s statements on illegal immigration.

  • July 31, 2015

    Bacon’s $50M Defamation Case Largely Time-Barred: Judge

    A New York judge tossed the majority of claims from billionaire Louis Bacon’s $50 million defamation suit against his neighbor in the Bahamas, fashion executive Peter Nygard, holding in a ruling entered Friday that the claims were time-barred because they occurred more than a year before the suit was filed.

  • July 31, 2015

    Ariz. Officials Claim Immunity In Tribe's $400M Casino Suit

    Arizona’s governor, attorney general and gaming director asked a federal court Friday to dismiss them from the Tohono O’odham Nation’s suit over the right to open a $400 million gaming facility in the Phoenix metro area, arguing the allegations amount to claims against the state and are barred by sovereign immunity.

  • July 31, 2015

    Advertiser Group Calls US 'Right to Be Forgotten' Dangerous

    In a letter to the Federal Trade Commission on Friday, the Association of National Advertisers lashed out at a consumer protection advocate’s request for Google to implement “right to be forgotten” privacy laws in the U.S., calling the group's argument “inaccurate” and “dangerous to free expression.”

  • July 31, 2015

    Taxation With Representation: Sullivan, Wachtell, MoFo

    In this week’s Taxation With Representation, Sullivan & Cromwell guides Teva’s $40.5 billion deal for Allergan's generic-drug business while McGraw Hill Financial taps Wachtell for its $2.2 billion acquisition of private equity-owned data and information provider SNL Financial.

  • July 31, 2015

    State Law Governs DirecTV Arbitration Row, High Court Told

    The U.S. Supreme Court has accepted seven amicus briefs on behalf of a class of California DirecTV customers challenging an arbitration provision in user agreements, in which professors and others contended that the case is a contract dispute subject to state, not federal, law.

  • July 31, 2015

    Bryan Cave Accused Of Misconduct In Fraud Probe Of Ex-Atty

    A former Bryan Cave LLP attorney has accused the firm of serious ethical violations during a criminal investigation into his alleged role in a scheme to fraudulently obtain bank financing to acquire Maxim magazine, according to New York federal court filings.

  • July 31, 2015

    Okla. Urges High Court To Hear Casino Suit Against Tribe

    The state of Oklahoma fired back at a brief filed by officials from an Oklahoma tribe that urged the U.S. Supreme Court to refuse to hear the state’s petition to review a Tenth Circuit decision nixing its suit over a proposed casino on another tribe’s land, claiming the decision encouraged attempts to open “blatantly illegal” casinos.

  • July 31, 2015

    LA Coliseum Bribery Suit Won’t Pause For Criminal Trial

    A California judge on Friday refused to put on hold a long-running suit alleging a former Los Angeles Memorial Coliseum Commission official accepted bribes in exchange for reduced venue fees for two rave promoters, saying the promoters' Fifth Amendment rights in a pending criminal suit could be worked around.

  • July 31, 2015

    9th Circ. Revives Ray Charles Foundation Copyright Suit

    The Ninth Circuit on Friday reversed a lower court’s dismissal of a suit brought by the Ray Charles Foundation challenging the late singer’s heirs’ attempt to reclaim copyrights for dozens of songs, ruling that the foundation had standing since it receives royalties from the copyrights held by Warner/Chappell Music.

  • July 31, 2015

    Brand Battles: Seattle Seahawks, Chevron, Comic-Con

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Seattle Seahawks aim to sack a "12"-related mark, Chevron keeps fighting its decadelong battle to register gas station trade dress, and the high-profile dispute between rival "Comic Con" shows spills over into TTAB.

  • July 31, 2015

    DirecTV, Dish Renew Plea For High Court To Take Tax Row

    DirecTV and Dish Network Corp. hit back at Tennessee’s attempt to block their request for the U.S. Supreme Court to review decisions upholding state taxes on satellite providers, saying this week that the state's brief fails to prove there isn’t a circuit split on the issue in need of high court review.

  • July 31, 2015

    Judge Skeptical Of "Aggressive" Relativity Media Sale Plan

    A New York bankruptcy judge indicated Friday that he was not on board with Relativity Media LLC's plan to sell off its film and television production businesses in just two months, but approved $9.5 million in stop-gap funding to keep the company going.

  • July 31, 2015

    Visa, MasterCard Win Antitrust Suit Over WikiLeaks Blockade

    Visa Inc. and MasterCard Inc. didn’t violate federal antitrust laws when they suspended donations to WikiLeaks after the site released hundreds of thousands of classified government documents, a Virginia federal judge ruled Thursday.

  • July 31, 2015

    9th Circ. Won't Revive Netflix Privacy Class Action

    The Ninth Circuit affirmed Friday that Netflix Inc. didn’t violate the Video Privacy Protection Act by allowing subscribers’ family members, friends or guests to view users’ viewing histories and other information, because the password-protected information was only disclosed to consumers.

  • July 31, 2015

    Ex-Commodores Guitarist Wins Docs But Not Sanctions

    A Florida federal court on Friday ordered the Grammy Award-winning band the Commodores to produce documents in its suit accusing former lead guitarist and co-founder Thomas McClary of improperly using the band's name in marketing and performances, but refused to sanction the band over a discovery delay.

  • July 31, 2015

    Cablevision Investor Appeals Dismissal Of 'Nepotism' Suit

    The shareholder who pressed derivative claims that Cablevision Systems Corp.'s stock value had been diluted from “nepotism run amok” by the controlling Dolan family appealed Friday a Delaware Chancery judge’s decision that the case didn’t warrant judicial intervention into the cable company’s business decisions.

  • July 31, 2015

    Yahoo Ducks Extra Discovery In $1B Bracket Row With Insurer

    Prize insurer SCA Promotions Inc. is too late to make Yahoo Inc. turn over more information in a dispute over a failed plan for SCA to insure a Yahoo-run $1 billion NCAA March Madness contest, a Texas federal judge ruled Friday.

  • July 31, 2015

    DC Circ. Tells Net Neutrality Foes To Rethink Alphabet Soup

    A day after the challengers to the Federal Communications Commission’s net neutrality rules filed their opening briefs, the D.C. Circuit Clerk’s Office said they could really use some editing.

Expert Analysis

  • 3 Class Actions Before The Supreme Court

    Fred T. Isquith

    Perhaps the case potentially most consequential is Campbell-Ewald Co. v. Gomez, which raises intriguing procedural issues and would affect any class action where the defendant offers to the plaintiff full damages and any feasible fees and costs, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • 7 Keys To Improving Your Direct Examination

    James Murray

    Trial lawyers should approach direct examination with the same excitement as cross-examination. If you do not, the jury will notice and your case will suffer. An effective direct examination backs the lawyer out of the action and puts the witness front and center to tell the story in a conversational, comforting, interesting fashion, says James Murray of Dickstein Shapiro LLP.

  • Betting On NY Gaming Commission's Casino Vendor Rules

    Laura McAllister-Cox

    Companies providing goods and services to casinos may find themselves in a New York state of mind this summer thanks to recently proposed rules governing vendor licensing for the nascent commercial casino industry in the Empire State, say attorneys at Greenberg Traurig LLP.

  • A DMCA Win For Online Service Providers In Colo.

    Pierre Grosdidier

    A Colorado federal court's recent decision in BWP Media USA Inc. v. Clarity Digital Group LLC means that online service providers can benefit from the Digital Millennium Copyright Act safe harbor even when their own employees upload infringing copyrighted material on the OSPs' websites, says Pierre Grosdidier of Haynes and Boone LLP.

  • China’s Focus On Commercial Bribery Is A Wake-Up Call

    Alex Brackett

    Earlier this month, six former employees of Tencent Holdings Ltd. were detained by Chinese authorities as part of a bribery investigation relating to payments made by online video content providers to Tencent employees. This case should remind companies that anti-corruption compliance involves more than just mitigating the risk of official bribery, say Alex Brackett and Ryan Bonistalli of McGuireWoods LLP.

  • An Update On Athlete Publicity Rights In Sports Broadcasts

    Robert Freeman

    As cases involving an athlete's right of publicity in performance recordings — like the recent suits targeting ESPN — unfold, it will be interesting to see what effect, if any, signed releases of the athlete’s right of publicity have on the courts’ decisions and their copyright preemption analyses, say Robert Freeman and Erica Esposito of Proskauer Rose LLP.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Boxing Promoter Faces Tough Fight In Antitrust Suit

    Helen Maher

    In its antitrust suit against Floyd Mayweather’s manager, boxing promoter Top Rank Inc. heavily relies on a 1959 U.S. Supreme Court analysis, but it is unlikely that fact-finding that supported the creation of a distinct championship boxing market nearly 60 years ago would be relevant today, says Helen Maher, a partner at Boies Schiller & Flexner LLP and counsel for NASCAR.

  • 2nd Circ. Intern Ruling Could Change Employer Behavior

    Ashley N. Coleman

    The Second Circuit's reasoning in Glatt v. Fox Searchlight Pictures Inc. will likely cause employers to restructure their internship programs to focus more on the educational benefits provided to interns. We may see a rise in unpaid internships coordinated with educational institutions, says Ashley Coleman of Sedgwick LLP.

  • Reading Between The 'Blurred Lines': Copyright Takeaways

    Mark D. Passin

    Attorneys representing clients with musical compositions originally registered with the Copyright Office under the 1909 Copyright Act may want to consider taking steps to help their clients avoid the same disadvantages that Marvin Gaye's heirs faced in the "Blurred Lines" case, say attorneys with Robins Kaplan LLP.