Media & Entertainment

  • July 28, 2015

    Google Urges 5th Circ. To Affirm Injunction Against Miss. AG

    Google Inc. filed a brief Monday seeking to persuade the Fifth Circuit to affirm an injunction blocking Mississippi Attorney General Jim Hood’s investigation into whether the company allows pirates to sell drugs and stolen movies through advertising and YouTube, saying the probe defies federal law and the Constitution.

  • July 28, 2015

    Wyden Blocks Intelligence Bill Over Social Media Monitoring

    Sen. Ron Wyden, D-Ore., put a hold on the 2016 intelligence authorization bill in the U.S. Senate Tuesday after Internet and social media companies raised concerns over a provision that would require them to report suspected terrorist activity on their platforms.

  • July 28, 2015

    Warner Hits Back At 'Happy Birthday' Copyright Evidence

    A Warner Music Group Corp. unit told a California federal judge Tuesday that newly-uncovered evidence in a class action challenging its copyright on “Happy Birthday to You” does not warrant an award of summary judgment for the challengers, saying the documents don't necessarily prove the song had fallen into the public domain.

  • July 28, 2015

    TD Bank Scores Partial Win Over Ex-Commerce CEO’s Book

    A New Jersey federal judge on Monday handed TD Bank NA a partial win in its copyright infringement suit against Commerce Bancorp LLC founder Vernon Hill, saying Hill’s 2012 book lifted verbatim entire paragraphs from an earlier manuscript written by Hill, but owned by TD Bank.

  • July 28, 2015

    Facebook Urges Chancery To Throw Out Director Pay Claims

    Facebook Inc. urged the Delaware Chancery Court on Tuesday to throw out a derivative lawsuit challenging director compensation, arguing the decision to approve the pay should be afforded the benefit of the more-lenient business judgment rule even though it was ultimately ratified by only one person, CEO Mark Zuckerberg.

  • July 28, 2015

    Wis. Urges Supreme Court To Hear Tribal E-Poker Row

    The state of Wisconsin urged the U.S. Supreme Court on Monday to overturn a Seventh Circuit decision allowing the Ho-Chunk Nation to offer electronic poker at its Madison casino, arguing that the circuit court shouldn’t have applied a standard predating the Indian Gaming Regulatory Act to interpret the law.

  • July 28, 2015

    Calif. Judge Orders Penalty In $2.4M Football-Laser Scheme

    A California federal court on Tuesday ordered to pay a defendant to pay a $150,000 third-tier penalty and $82,525 in disgorgement as part of a crackdown on companies the U.S. Securities and Exchange Commission and federal prosecutors said fleeced investors out of $2.4 million with false promises about football-field laser technology.

  • July 28, 2015

    Minn. Tribe Doesn't Owe Casino Rent To City, Judge Rules

    A Minnesota federal judge on Tuesday freed the Fond du Lac Band of Lake Superior Chippewa from paying more than $10 million in back casino rent to the city of Duluth, reversing course after the Eighth Circuit sent the case back to her for a second time.

  • July 28, 2015

    'Wicked Tuna' Star Indicted On Federal Fraud Charges

    A fisherman who starred in a National Geographic Channel reality TV series was indicted on federal fraud charges in Vermont federal court on Friday for collecting over $44,000 in social security and Medicaid benefits based on false statements.

  • July 28, 2015

    Apple, Facebook Say Alice Dooms Evo Intel Data Patents

    Apple Inc., Facebook Inc., Yelp Inc. and a host of other big-name tech companies urged a California federal judge Tuesday to throw out Evolutionary Intelligence LLC’s lawsuits accusing them of infringing two patents on data management, arguing that the patents are invalid under Alice.

  • July 28, 2015

    4th NJ Man Gets Prison In Online Sports Betting Scheme

    A New Jersey website owner was sentenced to 18 months in federal prison Tuesday for his role in an illegal online sports betting operation linked to the Genovese crime family of La Cosa Nostra, the fourth defendant sentenced this summer in the scheme.

  • July 28, 2015

    Google, Viacom Misused Cookies To Track Kids, 3rd Circ. Told

    Plaintiffs urging the Third Circuit to revive their class action allegations that Google Inc. and Viacom Inc. tracked children’s online video habits without consent told the court Tuesday that their case isn’t about eliminating tracking through Internet cookies, but simply preventing their misuse.

  • July 28, 2015

    Smerconish Says He Was Duped In Phony Churchill Photo Buy

    Philadelphia talk radio personality and ex-Beasley Firm LLC attorney Michael Smerconish said Monday that he was duped by an art dealer into dropping $5,000 on an autographed portrait of Winston Churchill by renowned photographer Yousuf Karsh that he recently determined was a fake.

  • July 28, 2015

    O'Bannon Tells 9th Circ. Not To Stop NCAA Antitrust Order

    College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.

  • July 28, 2015

    Grocer Wants Michael Jordan Sanctioned In Publicity Suit

    Michael Jordan and his attorneys should be sanctioned in his right-of-publicity suit accusing a grocery chain of using his likeness in a magazine advertisement without permission, Jewel Food Stores Inc. told an Illinois federal judge Monday, arguing he has violated the court’s order to stop repeatedly asking for judgment.

  • July 27, 2015

    Atty Asks Texas Justices To Block Pro Bono Anti-SLAPP Fees

    An attorney and former state district judge candidate who unsuccessfully sued the political blog Burnt Orange Report for libel asked the Texas Supreme Court on Friday not to reinstate attorneys' fees struck down by a lower court, arguing that the state's anti-SLAPP statute blocks fees incurred in pro bono representation.

  • July 27, 2015

    Tribe At Odds With Fla. On Rights To Blackjack Games

    A Florida state official professed Monday to the state government's having a “great working relationship” with the Seminole Tribe of Florida, but the two appear headed for legal proceedings in a potential multibillion-dollar dispute over the tribe's expiring exclusive right to offer blackjack and similar card games at its casinos.

  • July 27, 2015

    Mass. Tribe Says Nixing Casino Will Permanently Hurt It

    A Massachusetts tribe urged a federal judge Monday to deny a town’s bid to prevent it from building a casino on Martha’s Vineyard claiming that a delay would result in permanent revenue loss for its government.

  • July 27, 2015

    ‘Walk Of Shame’ Copyright Row Nears End Of Line

    A California federal judge on Monday tentatively dismissed a screenwriter’s claims that actress Elizabeth Banks, her husband and six production companies stole the script for the film “Walk of Shame,” saying the similarities between the plaintiff’s script and the film were too general for a copyright claim.

  • July 27, 2015

    Mich. Judge Grants Cert. In Magazine Subscription Suit

    A Michigan federal judge on Monday certified a class of consumers who claim that their personal information was illegally sold to marketing companies after they bought Time Inc. magazine subscriptions from third parties, rejecting the publisher’s argument that it doesn’t have the purchase records.

Expert Analysis

  • 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.

  • OPINION: Litigation Finance Can Help Break The Glass Ceiling

    Aviva O. Will

    Litigation finance has traditionally been touted as a means to help small plaintiffs take on well-heeled defendants. That’s certainly the case, but litigation finance can also be a powerful means to help women litigators level the playing field, says Aviva Will, a managing director at Burford Capital LLC and former assistant general counsel at Time Warner Inc.

  • Ostriches Beware: E-Discovery Ethics In Social Media

    Charles R. Ragan

    June 2015 was a blockbuster month for opinions and guidelines from the state bar groups in three populous and commercially significant states — all tying the ethical duty of competence to the need for attorneys to understand modern technologies, say Charles Ragan and Eric Mandel of Zelle Hofmann Voelbel & Mason LLP.

  • Takeaways From 2nd Circ.'s Apple E-Books Ruling

    Bruce Sokler

    The Second Circuit's recent holding in the Apple Inc. e-book case shows that per se analysis hinges, to some extent, on the characterization of an agreement as horizontal or vertical — a characterization that time and complexity have blurred, say Bruce Sokler and Timothy Slattery of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • OPINION: Why I Sued To Open The Presidential Debates

    Alexandra Shapiro

    Suppose Congress passed a law that said only Democrats and Republicans can ever be president of the United States. You don’t need to be a lawyer to know this would be unconstitutional — and completely antithetical to what a democracy is supposed to be about. Of course, there is no law like this. Leaders of the Democratic and Republican parties are more clever, says Alexandra Shapiro, a former U.S. Supreme Court clerk and federal prosecutor.