Media & Entertainment

  • August 28, 2015

    Texas Justices Leave Intact $6M Defamation Award

    The Texas Supreme Court on Friday declined to hear an online activist’s argument that a court wrongly distinguished between media and “nonmedia” speech when it affirmed a $6 million defamation judgment against her following an alleged smear campaign.

  • August 28, 2015

    Tribal Interests Tip The Balance In Seminole Tax Ruling

    An Eleventh Circuit decision that federal law bars a state tax on rents the Seminole Tribe of Florida charged nontribal companies may not have been a total win, but strongly backs the interests of tribes and the federal government against state encroachment in the key area of taxation.

  • August 28, 2015

    NBC Can’t Nix Peabody-Winning Reporter’s Age Bias Suit

    A California judge on Friday refused to toss age discrimination claims against NBCUniversal Media LLC brought by a fired investigative journalist, saying the Peabody Award-winning reporter needn’t show he was replaced by someone significantly younger to prove older workers in the newsroom were treated less favorably.

  • August 28, 2015

    Hearst Asks FCC To Fine Fla. Cable Co. In Retrans Dispute

    Hearst Television Inc. has asked the Federal Communications Commission to fine a Florida cable provider $5.4 million for carrying three Hearst-owned broadcast stations even after halting payments under a retransmission consent agreement Dec. 31, according to an FCC filing made public Friday.

  • August 28, 2015

    Pinterest Pushes Judge To Pin TM Infringement On Pintrips

    Pinterest Inc. urged a California federal judge on Friday to find that travel site Pintrips Inc. is infringing its trademark rights by inviting users to click a “pin” button similar to the one Pinterest offers its users, closing out a bench trial in the intellectual property feud.

  • August 28, 2015

    Brand Battles: Nestle, Viacom, Canada Goose

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestle battles with a cheese importer over Italian desserts, Viacom faces a fight over the name of an MTV series, and popular coat brand Canada Goose takes on an "American Goose."

  • August 28, 2015

    FCC Regs On Shared Broadcast Deals Unneeded, DC Circ. Told

    The Federal Communications Commission was right not to regulate shared services agreements between local television stations because it has too little knowledge of their workings, broadcaster groups National Association of Broadcasters and Nexstar Broadcasting Inc. told the D.C. Circuit on Thursday.

  • August 28, 2015

    Biz Groups Fight FCC's Cable Rate Order In DC Circ.

    Business and advocacy groups on Friday filed a lawsuit in the D.C. Circuit challenging a June order from the Federal Communications Commission that could loosen up cable operators across the country from local rate regulation, warning the move will harm consumers.

  • August 28, 2015

    Ex-NFL Players Say EA Can't Wait Any Longer On High Court

    Retired NFL players claiming Electronic Arts Inc. illegally used their likenesses in “Madden NFL” video games asked a California federal judge on Thursday to deny the company a stay for a U.S. Supreme Court appeal, saying they're not getting any younger while discovery waits.

  • August 27, 2015

    Ex-Weil Shanghai M&A Pro Joins O'Melveny In Southern Calif.

    O'Melveny & Myers LLP said Thursday that a former Weil Gotshal & Manges LLP mergers and acquisitions, private equity and securities pro from China has joined its Orange County, California, office as a partner serving technology, media and telecommunications clients.

  • August 27, 2015

    Shareholder Slams Sanctions Bid In Las Vegas Sands Suit

    A Las Vegas Sands Corp. shareholder accusing the company’s directors of misconduct in a derivative suit urged a Nevada federal judge on Thursday to deny the company’s motion for sanctions against his attorneys, arguing that Ninth Circuit precedent shows sanctions are not warranted.

  • August 27, 2015

    Dickstein Prevails in Britannica IP Malpractice Suit

    Dickstein Shapiro LLP on Wednesday dodged a malpractice suit filed by Encyclopedia Britannica Inc. in a District of Columbia federal court, convincing a judge that the publisher’s purportedly undefended patents would have been held invalid given the U.S. Supreme Court’s Alice Corp. ruling regardless of the firm's involvement in their drafting and prosecution.

  • August 27, 2015

    FCC Pressed On 'Katrina Petition' Multilingual Radio Alerts

    The NAACP and more than two dozen other minority groups called on the Federal Communications Commission to require emergency broadcasts in multiple languages, as part of the “Katrina Petition” that has languished at the agency for almost a decade.

  • August 27, 2015

    Ex-Bryan Cave Atty Wants Firm To Cover $2.5M Fraud Defense

    Bryan Cave LLP doesn’t carry professional malpractice insurance for its individual attorneys, a former employee said in a New York state court suit Wednesday, demanding at least $2.5 million for his criminal defense of charges related to an alleged scheme to buy Maxim magazine.

  • August 27, 2015

    Rapper 'The Game' Stole Album Cover, Suit Says

    A Florida hip hop artist says rapper The Game blatantly stole his copyrighted photo and used it as the artwork for the chart-topping single “Ryda” — and that he's not the star's first victim.

  • August 27, 2015

    Gamblers Want It Known NJ Casino Deploys Booze, Women

    A pair of professional gamblers accused of cheating Atlantic City’s Borgata Hotel Casino & Spa out of $9.6 million told a New Jersey federal court on Tuesday that the casino tried to gain an unfair advantage over them using free alcohol served by scantily-clad women.

  • August 27, 2015

    TV Station Appeals Order To Finalize $6.4M Sale To 9th Circ.

    The owner of a Philadelphia television station appealed to the Ninth Circuit on Thursday a California federal judge’s ruling a day prior that it must complete a $6.4 million sale to a buyer who accused it of breach of contract.

  • August 27, 2015

    Quick Judgment Eludes Trustees In $7B Caesars Debt Suits

    A Manhattan federal judge on Thursday denied summary judgment to trustees BOKF NA and UMB Bank NA in their attempts to force Caesars Entertainment Corp. to make good on $7 billion in Caesars Entertainment Operating Co. notes, finding discovery is needed to find out if the casino concern's private equity owners restructured the bankrupt subsidiary's debt in ways that impaired lenders' rights.

  • August 27, 2015

    Calif. Inks New Gaming Compact With Santa Ynez Band

    California Gov. Jerry Brown on Wednesday signed into effect a gaming compact between the state and the Santa Ynez Band of Chumash Indians, over a month after a California federal judge tossed a suit attempting to block the tribe’s planned casino expansion.

  • August 27, 2015

    Judge Calls IP Suit 'Unreasonable' In Zynga Sanctions Bid

    A California federal judge bashed Segan LLC and its counsel, Blank Rome LLP, Thursday for filing a “totally unreasonable” infringement suit against Zynga Inc. over a patent covering character icons that can interact with websites, but said he wasn't sure it was enough to justify $1 million in sanctions.

Expert Analysis

  • Death V. Suicide In Event Cancellation Policies

     Isabella K. Stankowski-Booker

    The cancellation of an insured event due to the suicide of the insured artist opens a Pandora’s Box of legal arguments regarding coverage, and interpretation of policy language only gets more complicated when dealing with the suicide of a named person on the insured's policy — as was the case in last year's legal battle between The Rolling Stones and Lloyds of London, says Isabella K. Stankowski-Booker at Zelle Hofmann LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Game Developers Now Need Strong IP Strategy

    Chinh H. Pham

    Historically, gaming companies have shied away from pursuing patent protection. However, as the market continues to expand and more video game companies emerge, ignoring patent protection can be perilous, says Chinh Pham of Greenberg Traurig LLP.

  • Equitable Mootness May Be Alive And Well In 3rd Circ.

    Bruce D. Buechler

    In a recent Third Circuit opinion in the case of Tribune Media Co., Judge Thomas Ambro authored a concurrence that appears to imply that Third Circuit Judge Cheryl Krause’s opinion in One2One Communications LLC calling for the overturning of the equitable mootness doctrine is not shared, says Bruce Buechler of Lowenstein Sandler LLP.

  • Texas 'Revenge Porn' Ban Brings Enforcement Challenges

    Pierre Grosdidier, Ph.D.

    The Texas Relationship Privacy Act — effective Sept. 1 — provides new relief for revenge porn victims and may help dissuade revenge pornographers’ mischief. Despite its strong language, however, this new law is not a panacea. The challenge in these cases, as in many Internet defamation cases, is to identify the wrongdoer, says Pierre Grosdidier of Haynes and Boone LLP.

  • A Few Ways To Work Around The Brulotte Rule

    Glenn Robbins

    The U.S. Supreme Court in Kimble v. Marvel Entertainment LLC recently declined to overrule the much-criticized Brulotte rule that patent royalties may not continue past a patent’s expiration. But there are strategies that enable parties to a patent license agreement to tailor compensation and appropriately allocate risks whereby compensation could still extend beyond the patent’s term, says Glenn Robbins of Spencer Fane Britt & Browne LLP.

  • Donald Sterling V. TMZ: A Not-So-Sterling Lawsuit

    Neville L. Johnson

    If Donald Sterling had come to me with the privacy lawsuit that he recently filed against TMZ Productions Inc. and V. Stiviano, I would have sent the beleaguered former Clippers owner off to the locker room, says Neville Johnson, a founding partner of Johnson & Johnson LLP.

  • Can 50 Cent Successfully Reorganize Despite Adversity?

    Heather L. Ries

    Unfortunately for 50 Cent, the filing of a Chapter 11 bankruptcy case does not automatically result in the discharge of debts by an individual debtor, and the rapper has several claims that may fall into the purview of nondischargeable debts, including litigation claims related to a sex tape scandal, says Heather Ries of Fox Rothschild LLP.

  • Even The FDA Is Keeping Up With The Kardashians

    Daniel A. Kracov

    The U.S. Food and Drug Administration Office of Prescription Drug Promotion's recent warning letter to Duchesnay Inc. and Kim Kardashian highlights an important reality for drug manufacturers and related stakeholders to consider when promoting their product through social media, say attorneys at Arnold & Porter LLP.

  • Why Early Registration Of Your Trademark Matters

    Roger N. Behle Jr.

    The decision to register a trademark should only be made after significant time and effort has been spent investigating the trademark landscape. But hardware manufacturer Hargis Industries Inc. and musician Deadmau5 are among several brands that have learned the hard way that waiting too long is not always good, say Roger Behle and Mischa Barteau of Foley Bezek Behle & Curtis LLP.