Media & Entertainment

  • September 30, 2014

    NY Judge Says Ad Studies' Timing, Not Content, Important

    New York federal Judge Naomi Reice Buchwald told attorneys Tuesday she would not automatically view an unwillingness to disclose product testing or consumer surveys in false advertising litigation negatively, noting that she is more interested in when the testing was conducted, rather than what the results say.

  • September 30, 2014

    John Wayne Estate's Suit Against Duke University Rejected

    A California federal judge on Tuesday sent packing John Wayne Enterprises LLC’s declaratory suit against Duke University over trademarks for alcoholic drinks bearing the late actor’s “Duke” nickname, ruling the court lacks jurisdiction over the North Carolina school’s because of its limited contacts in California.

  • September 30, 2014

    Revel Draws 2nd Bidder As Stalking Horse Bidder Objects

    A bankruptcy auction for Atlantic City, New Jersey’s Revel Casino Hotel grew contentious on Tuesday as a Florida developer added $5 million to his $90 million stalking horse bid to fend off a competitor and demanded a judge sanction Revel, calling the auction opaque and unfair.

  • September 30, 2014

    NY Delays Review Of $45B Comcast-TWC Deal Amid Worries

    The New York Public Service Commission has pushed back its deadline for reviewing Comcast Corp.'s proposed $45 billion merger with Time Warner Cable Inc. after state officials worried that the cable companies still weren't doing enough to improve "deficiencies" with their current service.

  • September 30, 2014

    Fross Zelnick Dodges Buck Rogers Malpractice Claims

    A New York state appeals court on Tuesday ruled that a family trust failed to show a cause for claiming Fross Zelnick Lehrman & Zissu PC committed malpractice when the firm did not resolve a dispute over the trust’s ownership of the rights to comic-strip character Buck Rogers.

  • September 30, 2014

    Trump Resorts Gets Quick Hearing On Taj Mahal Pension Plan

    A Delaware bankruptcy judge on Tuesday agreed to hold an expedited hearing on Trump Entertainment Resorts Inc.'s request to stop pension payments to the National Retirement Fund that are required by a collective bargaining agreement for the Trump Taj Mahal casino in Atlantic City, New Jersey.

  • September 30, 2014

    Privacy Groups Slam FTC Over COPPA Enforcement

    Two advocacy groups lashed out at the Federal Trade Commission on Tuesday for its “lax oversight” of the Children’s Online Privacy Protection Act, demanding the regulator reject a Pennsylvania company’s proposal for a service that streamlines the parental consent process for games and other mobile apps to collect data from children.

  • September 30, 2014

    Alleged Facebook Scammer Fights Requests For Atty Docs

    A man charged with filing a sham lawsuit against Facebook Inc. urged a New York federal judge on Monday not to require him to hand over attorney communications from DLA Piper LLP and Kasowitz Benson Torres & Friedman LLP, saying that doing so would “eviscerate” attorney-client privilege.

  • September 30, 2014

    NFL Says NJ's Betting Directive Defies 3rd. Circ.

    The National Football League and other professional sports leagues on Monday blasted the state of New Jersey’s move to allow sports betting in its casinos and racetracks, saying the state is openly flouting the Third Circuit’s denial of its attempt to legalize sports betting.

  • September 30, 2014

    Big Tobacco Rails Against Ad Phrasing In Gov’t RICO Suit

    Three U.S. tobacco companies launched a blistering attack on Monday against a court order in a Racketeer Influenced and Corrupt Organizations Act case requiring them to publicly admit to a conspiracy to downplay cigarettes’ adverse health effects in order to boost sales, telling a D.C. Circuit panel that the phrasing in the proposed statements would “punish and humiliate” them.

  • September 30, 2014

    US Urges 11th Circ. To Toss Claims In ACA Contraception Suit

    The U.S. government on Friday urged the Eleventh Circuit to affirm a district court's dismissal of most claims in a suit brought by a Catholic media company over the contraceptive insurance requirements of the Affordable Care Act, arguing that the company's allegations contradict the reasoning of the high court's Hobby Lobby decision.

  • September 30, 2014

    Deals Rumor Mill: SoftBank, Novo Banco, OTP Bank

    Talks between Japanese telecom giant SoftBank Corp. and DreamWorks Animation SKG have ceased, with SoftBank now shifting its focus to buying Legendary Pictures Productions LLC, while Portugal has begun approaching a number of Spanish banks to gauge their interest in buying the country's recently established bank Novo Banco.

  • September 30, 2014

    FCC Unanimously Sacks Sports Blackout Rule

    The Federal Communications Commission on Tuesday voted unanimously to eliminate its 4-decade-old sports blackout rules, repealing restrictions prohibiting cable and satellite operators from airing any sports event that was blacked out on a local broadcast station, in a move that received pushback from the National Football League.

  • September 30, 2014

    Crowell & Moring Snags Kelley Drye IP Pro In DC

    Crowell & Moring LLP has beefed up its Washington D.C. office with an intellectual property attorney with a specialty in advertising and consumer brand protection matters it lured from Kelley Drye & Warren LLP.

  • September 30, 2014

    LA Dodgers Sued By Injured Giants Fan Over $3.4M Lien

    The San Francisco Giants fan who won $15 million from the Los Angeles Dodgers after he was severely injured and subsequently disabled in a fan beating at Dodger Stadium sued the team again on Monday, alleging the Dodgers are seeking to profit off him by buying his $3.4 million medical lien for half-price.

  • September 30, 2014

    FTC Puts Blame Back On Amazon For Kids' In-App Purchases

    The U.S. Federal Trade Commission on Monday defended its lawsuit over Amazon.com Inc. in-app purchases, arguing Amazon did not give parents a reasonable way to challenge or become aware of charges their kids were incurring through the company's Android app store.

  • September 30, 2014

    News Corp. To Pay $950M For Online Real Estate Co.

    News Corp. said Tuesday that it has agreed to buy online real estate network Move Inc. in an all cash deal valued at $950 million, sharing a small stake with REA Group Ltd., which is also largely owned by the media conglomerate.

  • September 30, 2014

    Dealmakers Q&A: O’Melveny’s Jennifer DePalma

    As we see more startup activity related to health care information technologies, we will also see a convergence with financial technology companies that will seek to help health care consumers meet their financial needs in a world of higher deductibles and higher out-of-pocket costs, says Jennifer DePalma of O'Melveny & Myers LLP.

  • September 29, 2014

    MP3Tunes Exec Gets $48M EMI Verdict Slashed

    A New York federal judge cut record label EMI’s $48 million jury verdict against defunct music storage service MP3Tunes and its founder by about $33 million on Monday, ruling many of EMI’s claims were “just too big to succeed,” with little evidence for their key liability theories.

  • September 29, 2014

    ADA Suit Over Disney Parks' Guest Policy Moves To Fla.

    A lawsuit filed against Walt Disney Parks and Resorts U.S. Inc. by guardians for individuals on the autism spectrum alleging a change in theme park accessibility policies violates the Americans with Disabilities Act was moved Friday from California federal court to Florida.

Expert Analysis

  • Plaintiffs May Exploit CDA Exception Created By 9th Circ.

    Robert Rogers

    In reversing the dismissal of a negligent failure-to-warn action, the Ninth Circuit appears to have carved out an exception to the immunity afforded to website operators under the Communications Decency Act. Plaintiffs probably will be tempted to try to shift liability to website operators for injuries caused by others who use their websites, says Robert Rogers of Holland & Knight LLP.

  • Hollywood Leads The Way On Drone Use

    William O'Connor

    The Federal Aviation Administration's recent decision to grant six aerial photo and video companies exemptions from FAA regulations represents a shift in the FAA’s focus away from preventing drone use and toward successfully integrating drones into the nation’s airspace once it is shown that the proposed use is safe and effective, say attorneys with Morrison & Foerster LLP.

  • How 9th Circ. B&N Case May Impact Website Terms Of Use

    Perry

    As the Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc. demonstrates, for online service providers seeking to minimize the risk that the provisions in their terms of use will be declared unenforceable, the click-through agreement is a much safer bet than the browsewrap agreement, say attorneys with Latham & Watkins LLP.

  • Standard Social Media Practices Are Risky For Big Pharma

    Sharon Roberg-Perez

    Despite the clear interest in social media engagement by two of its key stakeholders — patients and physicians — the pharma industry has been relatively slow on the uptake. Chief among the concerns is inadvertently violating U.S. Food and Drug Administration regulations that are in place to guard patient welfare, says Sharon Roberg-Perez of Robins Kaplan Miller & Ciresi LLP.

  • Mass. High Court Clarifies Fine Art Consignment Law

    Nicholas O'Donnell

    The Massachusetts high court’s interpretation of the state’s fine art consignment law — in a case involving a bankrupt art dealer — should bolster artists’ rights, and the case should be a strong encouragement for all sides to get a consignment agreement in place, says Nicholas O'Donnell of Sullivan & Worcester.

  • Adobe Data Breach Ruling Gives New Hope To Plaintiffs

    Michael Buchanan

    A California federal court's recent decision in the Adobe Systems Inc. privacy litigation is significant. Before this opinion, only one other court had ruled that Article III standing exists without allegations of actual misuse of breached information, say attorneys with Patterson Belknap Webb & Tyler LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Lacoste North America CEO Talks US Retail Market: Part 2

    "The biggest opportunity for growth is to be where the customer is spending his leisure time," says Francis Pierrel, president and CEO of Lacoste North America. "For example I speak with my partners in shopping malls. They are reinventing the shopping mall. It used to be a destination for shopping, now it is a destination for entertainment."

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Unmasking And Suing The Anonymous Social Media Speaker

    Steven Richard

    Parties contemplating a lawsuit over anonymous online postings may seek court-ordered, presuit discovery to investigate who owns and operates the social media account. Recent New York and Texas decisions evidence the necessity to research and understand fully the extent to which a jurisdiction allows presuit discovery, says Steven Richard of Nixon Peabody LLP.