Media & Entertainment

  • October 2, 2015

    NBC Dodges Defamation Suit Over Rifle Target 'Bomb' Report

    A New York federal judge on Thursday tossed a defamation suit against NBCUniversal News Group over a report on the "Today" show that characterized exploding rifle targets as “bombs,” saying the report was true since the targets are meant to explode and that reasonable viewers would conclude that reported dangers were due to improper uses of the product.

  • October 2, 2015

    Indian Land Ruling Dooms Tribe's Bingo Hall, 2nd Circ. Told

    A New York village on Thursday told the Second Circuit that its recent decision in a separate case centering on what constitutes "Indian lands" under the Indian Gaming Regulatory Act supports the village’s contention that Cayuga Nation representatives can’t operate a bingo hall there.

  • October 2, 2015

    Breaking Down The Cox Set-Top Box Antitrust Bellwether

    A bellwether antitrust trial over Cox Communications Inc.'s alleged practice of tying premium cable services to its set-top box rentals in Oklahoma City is set to begin Oct. 13. In the case, cable subscribers allege Cox uses its market power to force them into renting the company's hardware in order to access premium services like pay-per-view or video-on-demand.

  • October 2, 2015

    Bulk Of Texas Strip Club FLSA Row Can Stay In Fed. Court

    Four strip clubs in Houston will have to face a Fair Labor Standards Act lawsuit filed by a group of dancers who say that they were misclassified as independent contractors after a Texas federal judge ruled this week that all but one of them can keep their claims in court and out of arbitration.

  • October 2, 2015

    Twitter, Yahoo, Others Win Some Fees In MDL Patent Suit

    Units of patent licensing firm Acacia Research Corp. and j2 Global Communications Inc. must pay Twitter, Yahoo and others a portion of their attorneys’ fees in multidistrict litigation over the alleged infringement of several message management patents, with an Illinois federal judge on Thursday partly declaring the case as exceptional.

  • October 2, 2015

    Fla. Court Revokes Approval For Racetrack Slot Machines

    A split Florida appeals court reversed course Friday in a fight for slot machines at a Native American-operated racetrack near Tallahassee, saying a 2009 amendment to the state Constitution doesn’t expand a law limiting such gaming to Miami-Dade and Broward counties.

  • October 2, 2015

    InCom Says Disney Knew It Violated MagicBand Patent

    InCom Corp. on Thursday urged a California federal judge to deny The Walt Disney Co's motion to toss a suit alleging Disney has been illegally using InCom's attendance tracking system patents to monitor attendance and purchase history in parks with its MagicBand system, claiming Disney knew it was infringing the patents.

  • October 2, 2015

    Real Estate Rumors: Clarion, Univision, Status Capital

    Clarion Partners has reportedly dropped $78 million on a Seattle apartment property, Univision is said to have signed for 40,000 square feet in Miami, and Status Capital has reportedly bought a New York retail condo unit for $48 million.

  • October 2, 2015

    Fed. Circ. Puts USPTO In Hot Seat Over ‘Disparaging’ TM Rule

    In a case that could impact the Washington Redskins' parallel dispute, an en banc Federal Circuit grilled U.S. Patent and Trademark Office attorneys Friday over the Lanham Act ban on offensive trademarks, reminding them that copyrights are not subject to the same restrictions.

  • October 2, 2015

    Deals Rumor Mill: Vivendi, SMBC, Mondelez

    Vivendi SA plans to increase its interest in Telecom Italia SpA to about 19 percent, Sumitomo Mitsui Banking Corp. will buy 35 percent stakes in two Indonesian automotive financing firms for about $333 million and Mondelez International Inc. is looking to sell its $3 billion European cheese and grocery business.

  • October 2, 2015

    Hulk Hogan Keeps Most Docs Sealed In $100M Sex Tape Suit

    Sealed records in Hulk Hogan’s $100 million lawsuit against Gawker Media over the publication and coverage of his sex tape will stay mostly under wraps despite the efforts of several media companies to uncover them, a Florida state judge said Thursday.

  • October 2, 2015

    Photographers' NFL Antitrust Suit Called 'Implausible'

    The defendants in a suit filed by seven photographers who brought a copyright and antitrust suit against the NFL and the Associated Press over the league's use of their images asked a New York federal court on Thursday to dismiss the photographers’ second amended complaint, calling their claims that their AP contributor agreements were the product of duress “implausible.”

  • October 2, 2015

    Broadcasters Say Cable Group Actually Backs Exclusivity

    Urging the Federal Communications Commission afresh to maintain television exclusivity rules, the National Association of Broadcasters has pointed to comments from a differing cable industry group that purportedly bolster the broadcasters' very position.

  • October 2, 2015

    Dish Affiliates Surrender $3.3B In Airwaves Licenses

    Two Dish Network Corp. affiliates on Wednesday gave up on more than $3 billion worth of airwaves licenses after the Federal Communications Commission denied them small-business spectrum auction discounts and altered the program to address anti-competition concerns.

  • October 1, 2015

    News Corp. Dodges US Investors’ Phone-Hacking Suit Again

    A New York federal judge has again dismissed claims that News Corp. and several top executives, including Rupert Murdoch, concealed a widespread phone hacking scandal from U.S. investors, according to an order made public on Thursday.

  • October 1, 2015

    Ex-LA Times Writer Admits At Trial Bosses Asked Him Back

    Former Los Angeles Times sports columnist T.J. Simers, who alleges the paper forced him out, on Thursday admitted during cross-examination in his age and disability discrimination trial that the paper's top editors asked him to return to the company and he rebuffed them.

  • October 1, 2015

    'Survivor' Co-Creator Can't Dump Atty's $14M Profit Claims

    A California judge on Thursday refused to throw out claims that "Survivor" co-creator Conrad Riggs bilked an attorney out of $14 million owed for his help in the reality competition show's creation, ruling that there are disputed issues of fact underlying the attorney's contract claims.

  • October 1, 2015

    Sirius Robocall Plaintiffs Seek Class Cert. In TCPA Suit

    A proposed class sought certification Wednesday in California federal court over claims that Sirius XM Radio made unsolicited calls to thousands of cellphones with an automated dialer, violating the Telephone Consumer Protection Act.

  • October 1, 2015

    NCAA President, Schools Praise Parts Of 9th Circ. Decision

    In the wake of the Ninth Circuit’s much anticipated decision Wednesday about college student-athlete compensation, the NCAA and several college athletics conferences praised the decision's holding that student-athletes do not have to be paid beyond the cost of attending college, saying college players are "students, not employees."

  • October 1, 2015

    Telecom Groups Ask FCC To Clarify Auction Rules

    T-Mobile and a coalition of telecom advocates have warned the Federal Communications Commission that rules it’s considering for a spring incentive auction could severely impact business and dissuade potential applicants from participating, urging the agency to narrow the scope of the rules against collusion before the auction.

Expert Analysis

  • O’Bannon Is A Tie But Weighs Against NCAA In The Long Run

    Timothy L. Epstein

    While the National Collegiate Athletic Association may claim a win over not having to make payments to athletes for licensing their names, images and likenesses, that victory should be tempered by both the Ninth Circuit’s refusal to give the NCAA any level of immunity from antitrust scrutiny and the possibility of loss on appeal, says Timothy Epstein of Duggan Bertsch LLC.

  • Batmobile Copyright: When Functional Element Is A 'Character'

    Karen A. Henry

    The Ninth Circuit's ruling last week in Towle v. DC Comics endorsing copyright protection for Batman's car should be of interest to production companies that create their own versions of well-known elements from other films and television programs and incorporate them into new works, says Karen Henry of Davis Wright Tremaine LLP.

  • Pope Francis And Pro Bono Publico


    Listening to Pope Francis last week as he made his way from Washington to New York to Philadelphia, one could be forgiven for imagining he was a poverty lawyer in robes. Again and again, he shone light on challenges that pro bono lawyers have wrestled with for years, including the death penalty, housing and homelessness, immigration and even climate change, say Kevin Curnin and Jennifer Colyer of the Association of Pro Bono Counsel.

  • And Now A Word From The Panel: MDL Of The Century


    Unfortunately for sports fans, there is no “Deflategate MDL” — although that multidistrict litigation would have been a true fantasy football proceeding and made for a great discussion. Nevertheless, there is a new sports MDL proceeding and it has nothing to do with any of the four major U.S. sports leagues, says Alan Rothman of Kaye Scholer LLP.

  • Gaming In Macau Is Not Busted Yet

    Vincent W.C. Law

    The gaming business in Macau has grown so fast that in less than a decade its gaming revenue has become seven times bigger than that of Las Vegas, but in the last 12 months or so investor confidence in Macau gaming stocks has fallen dramatically, say Vincent Law and Raymond Chan at Mayer Brown LLP.

  • Kickstarting Information Governance: 3 Ideal Pilot Projects

    Helen Geib

    Picking the low-hanging fruit of old backups, archives and legacy data is an excellent starting point for better information governance, says Helen Geib, general counsel for QDiscovery.

  • Machinima: FTC’s Latest Action Against 'Influencer' Marketing

    Aaron Wais

    Done correctly, a brand can reap the benefits of "influencer" marketing. Done incorrectly, a brand may find itself the subject of an enforcement action by the Federal Trade Commission, a civil lawsuit by a competitor or a class action by consumers. These inherent risks revealed themselves yet again in the FTC's recent settlement with Machinima Inc., says Aaron Wais of Mitchell Silberberg & Knupp LLP.

  • Lessons From DOJ's 1st Annual Media Subpoena Report

    Katherine M. Bolger

    While the U.S. Department of Justice's first annual report on court orders and search warrants sought against members of the news media is a welcome peek into the DOJ’s implementation of the still-young regulations, it raises more questions than it answers, say Katherine Bolger and Matthew Schafer of Levine Sullivan Koch & Schulz LLP.

  • Mass. AG Review May Spell Trouble For Daily Fantasy Sports

    Daniel Wallach

    Massachusetts Attorney General Maura Healey is “reviewing" so-called daily fantasy sports games, such as those offered by DraftKings Inc. and FanDuel Inc. If Healey were to issue a formal opinion or advisory as to the legality of daily fantasy sports, it could have significant repercussions nationwide, say Daniel Wallach of Becker & Poliakoff PA and Justin Fielkow of Franklin Law Group.

  • Calif. Zynga Patent Case Is A Warning To Plaintiffs Attorneys

    Robert A. Klinck

    Although the California federal court ultimately decided not to make the lawyers liable for the full fee award in Segan v. Zynga, the decision represents a clear signal to lawyers who represent patent owners — filing a case that a court concludes was frivolous from the outset could subject you to the full brunt of a Section 285 award, says Robert Klinck of Klinck LLC.