Media & Entertainment

  • October 20, 2016

    2 Sanctioned In Sports Photogs' IP Row, But Atty Spared

    A Wisconsin federal judge has sanctioned two individuals for withholding photographs subpoenaed in a copyright infringement lawsuit by two sports photographers but refused to sanction their counsel, finding that he did not represent them in the instant matter despite the confusion caused by his representation of them in another case.

  • October 20, 2016

    Judge Aghast At Iowa Brothers’ Defiance In NuScience IP Row

    A California judge who once ordered Hustler’s Larry Flynt gagged for courtroom obscenities said Thursday that in his 50 years on the bench he’s never “seen anything” like the contempt two brothers in a trade secrets battle with NuScience Corp. have shown for court orders.

  • October 20, 2016

    NYC 'Golden Girls' Puppet Show A Ripoff, Alleges Aussie

    An Off-Broadway puppet parody of popular 1980s sitcom "The Golden Girls" has spurred a New York state lawsuit by the creator of a near-identical show that debuted in Australia in 2013, who is alleging the New York production is a ripoff.

  • October 20, 2016

    Atty Can't Nix $90K Hit For Baseless IP Suit With Indybay

    The Ninth Circuit on Thursday cemented an order that a lawyer pay the publisher and web host for San Francisco news website nearly $90,000 in attorneys’ fees for a copyright suit, finding the lower court had properly considered “numerous valid reasons” for awarding fees.

  • October 20, 2016

    Ex-Ascent Exec Wants Proskauer Malpractice Suit Revived

    A former Ascent Media Group LLC on Thursday executive urged a California appeals court to revive his legal malpractice suit against Proskauer Rose LLP, arguing that it was a conflict of interest for Proskauer to represent both him and the company when resolving sexual harassment investigations against him.

  • October 20, 2016

    Timberlake, Spears Lose Fees In Fed. Circ. Patent Row

    Justin Timberlake and Britney Spears may be crying a river after the Federal Circuit on Thursday vacated a lower court’s order that a jumbo television company pay them attorneys’ fees for filing “voracious and frivolous” patent infringement litigation against the artists.

  • October 20, 2016

    NIGC Says It Didn't Approve Daily Fantasy Sports Plans

    The National Indian Gaming Commission on Thursday rebutted Atlantis Gaming Corp.’s recent assertion that the commission approved the company's online betting and daily fantasy sports platform tied to Native American casinos.

  • October 20, 2016

    Talent Agent's Insurer Looks To Duck Hogan Sex Tape Suit

    The insurance company for a talent agency accused of a scheme to expose Hulk Hogan’s sex tape has filed suit in New York state court in an effort to escape coverage of the wrestler’s latest lawsuit.

  • October 20, 2016

    FCC’s Pai Slams Agency's Overreach Amid Court Reversals

    Courts have appropriately taken action against Federal Communications Commission overstepping, Republican Commissioner Ajit Pai said Thursday, but the agency continues a wrongheaded focus on accomplishing policy objectives without regard for legal authority.

  • October 20, 2016

    Goodell Says NFL Still Opposed To Legalized Gambling

    National Football League Commissioner Roger Goodell again expressed opposition to legalized sports gambling at a press conference at the league fall meeting Wednesday even as gambling mecca Las Vegas is courting an NFL franchise.

  • October 20, 2016

    Sen. Says FCC Privacy Plan Gives Consumers Needed Control

    The Federal Communications Commission is right to give web browsing and app-usage data the highest levels of protection in its proposed new privacy rules, Sen. Edward J. Markey, D-Mass., said Thursday as he and others publicly backed the plan ahead of an agency vote next week.

  • October 20, 2016

    9th Circ. Won't Let Jessie J 'Domino' Decision Fall

    A Ninth Circuit panel refused Wednesday to rehear a decision that cleared pop star Jessie J of an indie musician's allegations that the singer and Universal Music Group stole an original melody and used it to make the 2011 hit "Domino."

  • October 20, 2016

    Netflix Takes Aim At Fox Contracts In Exec Poaching Suit

    Netflix, fresh off a recent lawsuit accusing it of poaching Twentieth Century Fox executives, went on the offensive Wednesday in California state court, accusing the studio in a cross-complaint of bullying workers to sign unlawful fixed-term employment agreements that create an “involuntary servitude.”

  • October 20, 2016

    Bwin Rolls Snake Eyes In Bid To Nix Gaming Patents

    A District of Nevada judge on Tuesday allowed a patent infringement case against gaming giant Bwin to proceed, holding that the asserted claims of four gaming patents are valid and not abstract under the U.S. Supreme Court’s Alice ruling because they involve computers locating mobile devices.

  • October 20, 2016

    NJ Senate Votes To Strip Icahn Of Casino License

    The New Jersey Senate on Thursday approved a bill that would require casino owners who shutter their venues to forfeit their licenses, dealing a blow to any near-future gaming plans billionaire Carl Icahn might have for the defunct Trump Taj Mahal.

  • October 20, 2016

    Republican FCC Commish Takes Aim At College PC Culture

    Republican Federal Communications Commissioner Ajit Pai set his sights on progressive censorship on today’s college campuses in an impassioned speech Wednesday touting the virtues of the First Amendment, claiming so-called "safe spaces," "trigger warnings" and other protests are “closing the American mind.”

  • October 20, 2016

    Exec Can't Use Texas Condo To Duck Suit, Shareholder Says

    A shareholder in a sports and entertainment ticket sales site accused one of the site’s executives of hiding the fact he lives in Illinois on Wednesday, pointing to emails and public records to argue it has federal jurisdiction to sue him for mismanaging the company.

  • October 20, 2016

    Beatles Co. Calls Concert Lawsuit 'Utterly Frivolous'

    The Beatles’ Apple Corps Ltd. is hitting back hard at a copyright lawsuit filed last month over footage of the band’s iconic 1965 concert at Shea Stadium, calling it “meritless” and “utterly frivolous.”

  • October 20, 2016

    Proposed Verizon-XO Deal Risks Consumer Harm, FCC Told

    Trade group Incompas has again pressed the Federal Communications Commission to deny Verizon’s proposed $1.8 billion purchase of XO Holdings’ fiber-optic network business, arguing that Verizon has no use for XO's services and is only pursuing the deal to eliminate XO as a competitor.

  • October 20, 2016

    3 Ways Malls Are Repositioning Amid Anchor Store Exits

    Traditional plans for shopping malls have called for one or more large anchor tenants the likes of Macy’s, JCPenney or Sears, but with those and other large retailers continuing to contract amid pressure from online retailers, mall owners are having to rethink the layout and financing of their properties. Here, Law360 looks at three ways mall developers are reacting to a growing wave of big box-store departures from their properties.

Expert Analysis

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Talking 'Bull': Episode 4, Callisto

    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/psychologist. Spoiler alert ...

  • Tips For Increasing The Chances Of CFIUS Approval

    Daniel (DJ) Rosenthal

    The Committee on Foreign Investment in the United States remains a powerful regulatory body. The lesson from recent trends is not, as some have suggested, to retrench from engaging in inbound investment opportunities or to opt not to file a notice of a proposed transaction with CFIUS. Instead, companies should embrace the CFIUS process, says Daniel Rosenthal of Kroll.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • Offensive Trademark Ban Going Down? It Probably Should Not

    Jane Shay Wald

    A recent Law360 article reported on the U.S. Supreme Court’s grant of certiorari in Tam and noted that many trademark lawyers “will be fine” with a result striking down Section 2(a) as unconstitutional. That may be. But many other trademark lawyers will not be fine with this result, say Jane Shay Wald, chairwoman of Irell & Manella LLP's trademark practice group, and Susan Heller, chairwoman of Greenberg Traurig LLP's trademarks group.

  • Spokeo Still Standing: No Sign Of A Circuit Split

    Nicholas R. Diamand

    Since the U.S. Supreme Court’s decision in Spokeo, appellate and district courts have confronted a stream of “Spokeo motions” with consistent outcomes that show well-pleaded cases about real-world harm and legitimate concerns survive while cases that are not are dismissed. This consistency should quiet the trumped-up murmurs of a Spokeo circuit split, say Nicholas Diamand and Andrew Kaufman of Lieff Cabraser Heimann & Bernstein LLP.

  • How Comcast Was Punished For 'Negative Option Billing'

    Koyulyn K. Miller

    The Federal Communications Commission has asked Comcast to pay $2.3 million and implement a five-year redesign plan to eliminate practices that require customers to pay for services or equipment that they do not affirmatively request. This announcement should be taken by companies as a serious warning to understand the rules, says Koyulyn Miller of Squire Patton Boggs LLP.

  • Talking 'Bull': Episode 3, Unambiguous

    Futterman Photo.jpg

    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/psychologist. Spoiler alert ...

  • Ice Cream And Talking Pictures: Brandeis On Patents

    Heather B. Repicky

    To honor the 100th anniversary of U.S. Supreme Court Justice Louis Brandeis’ first session, Heather Repicky of Nutter McClennen & Fish LLP discusses several of the patent opinions he authored.

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.