Media & Entertainment

  • January 20, 2017

    Media & Entertainment Group Of The Year: Davis Wright

    Davis Wright Tremaine LLP defended Rolling Stone in highly publicized cases concerning the magazine’s discredited article about an alleged gang rape — getting one suit tossed and damages slashed in another — and beat back a libel claim by a woman who alleged a fictional character was based on her, earning its media team a spot among Law360’s Media & Entertainment Practice Groups of the Year.

  • January 20, 2017

    Canada Sues HarperCollins, Settles With Others On E-Books

    Canada’s Competition Bureau announced Friday that it has reached settlements with Apple, Hachette, Macmillan and Simon & Schuster ending its price-fixing allegations and allowing Canadian retailers to offer discounts on e-books by those publishers, but is taking HarperCollins to court over its alleged price-fixing.

  • January 20, 2017

    IP Claims Against Dex Media Survive, Bankruptcy Judge Says

    A copyright infringement suit against the publisher of the Yellow Pages can continue because the owner of stock photos used in the directories stated a plausible cause of action, a Delaware bankruptcy judge ruled late Thursday.

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    FCC’s Wheeler Signs Off With ‘Competition’ Mantra

    Departing Federal Communications Commission Chairman Tom Wheeler cast a final spotlight on the “competition, competition, competition” mantra that has been his theme in departing office Friday, stepping down from the agency to make way for Ajit Pai to be elevated to chairman.

  • January 20, 2017

    Alibaba Inks Deal To Be IOC Worldwide Sponsor

    Chinese e-commerce giant Alibaba has become a worldwide Olympics sponsor through 2028 carrying it through the next three games, all of which are to be hosted in Asia, the company and the International Olympic Committee announced Thursday.

  • January 20, 2017

    Face Scan Storage Not Actual Injury, Video Game Maker Says

    The maker of an NBA video game asked a New York federal judge on Friday to toss a putative class action claiming the company collected and retained facial scans of gamers because the players didn’t suffer any actual harm.

  • January 20, 2017

    Split Pa. High Court Delays End To Local Casino Tax Shares

    Over a stern dissent from Justice David Wecht, the Pennsylvania Supreme Court on Friday agreed to give state lawmakers an extension on their efforts to craft a solution after a decision concluding that a two-tiered system for taxing casinos to fund host municipalities violated constitutional requirements for uniform taxation.

  • January 20, 2017

    Samsung Fires Up $429M LCD Arbitration Against 3 Firms

    Consumer technology company Samsung Electronics Co. Ltd. is seeking $429 million in arbitration from three companies for cutting off supplies of LCD panels for televisions, a Japanese electronics trader said Thursday.

  • January 20, 2017

    Brand Battles: The Eagles Fight Real-Life 'Hotel California'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, The Eagles take on a Hotel California that the band claims is falsely implying it inspired the iconic tune, Snoop Dogg and the Toronto Maple Leafs continue their leaf beef, and DC Comics tackles an unauthorized "Kryptonite" mark.

  • January 20, 2017

    Fla. Appeals Judge's Seminole Card Game Ruling

    The state of Florida on Thursday said it was appealing a November ruling that the Seminole Tribe of Florida can continue to offer card games such as blackjack for the remainder of a gambling deal it inked with the state.

  • January 20, 2017

    FCC Pushed To Nix Cable Public File Requirement

    NCTA-The Internet & Television Association has lobbied aides to Federal Communications Commission Republicans Ajit Pai and Michael O’Rielly in support of tossing a cable operator public file requirement, saying the move would support the transition to online files.

  • January 20, 2017

    EEOC, Ad Exec Press 2nd Circ. To Expand Sex Bias Standard

    The U.S. Equal Employment Opportunity Commission and a gay ad executive seeking to revive his bias suit each urged the Second Circuit Friday to reconsider its precedent that sexual orientation discrimination is not covered under Title VII, but the appellate panel signaled that it may first send the case back to the lower court to settle procedural issues.

  • January 20, 2017

    Amazon Demands Stay In FTC’s Unauthorized App Buy Suit

    Amazon.com Inc. on Thursday urged a Washington federal court to stay an order that the company notify any customers that may have been charged for unauthorized app purchases by their children, saying a recent appeal of the order from the Federal Trade Commission has thrown a the process off course.

  • January 20, 2017

    Calif. AG Says Actor-Age Law No 1st Amendment Threat

    A California privacy law aimed at keeping online entertainment industry employment services from listing film industry workers’ ages doesn’t violate IMDb.com Inc.’s free speech rights, in part because it’s a law about contracts, the state attorney general’s office argued Thursday.

  • January 20, 2017

    Insurer Says It Has No Duty To Cover Deceased Jockey

    Philadelphia Indemnity Insurance asked a Mississippi federal judge on Thursday for a quick win in its suit against a county fair and the family of a horse jockey who died during a fairground race, saying the company’s insurance policy with Neshoba County Fair clearly excludes athletes.

  • January 20, 2017

    Paramount Settles 'Star Trek' Fan Film Copyright Suit

    The producers of an unauthorized "Star Trek" fan film have reached a settlement with Paramount Pictures and CBS to end a closely watched copyright infringement lawsuit over the project, the parties announced Friday.

  • January 20, 2017

    Investor Sues For More Info On $85.4B AT&T-Time Warner Deal

    A Time Warner shareholder lobbed a proposed class action against the company over a proxy statement it issued ahead of AT&T’s planned $85.4 billion takeover on Thursday, telling a New York federal court that the statement doesn’t have enough information for shareholders to make an informed vote on the deal.

  • January 19, 2017

    Dentons Apologizes to Client CNN For Story Retraction Ask

    Dentons US LLP sent a letter of apology Thursday to CNN for requesting a story retraction on behalf of the Trump administration’s proposed health secretary, noting that the law firm also represents the media network.

  • January 19, 2017

    Las Vegas Sands Shells Out $7M To End Criminal FCPA Probe

    Las Vegas Sands Corp. agreed to pay a nearly $7 million penalty to shake an investigation into whether it violated the Foreign Corrupt Practices Act with payments to a business consultant who promoted its work in China and Macau, the U.S. Department of Justice said Thursday.

Expert Analysis

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.

  • Talking 'Bull': Episode 11, Teacher’s Pet

    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 airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Art Market Tax Probes Make Domestic Freeports Appealing

    Desiree Moore

    As home to high art auction prices and hefty sales and use taxes, New York City has seen its share of art-related tax fraud. Now, as law enforcement scrutinizes tax compliance in the art world, collectors may wish to avoid New York sales taxes legally, by shipping their purchases to a domestic freeport, say Desiree Moore and Blaise Niosi of K&L Gates LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Trump Libel Win Based On Trump Libel Loss

    Mark Sableman

    President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic more than 30 years ago. But the new case, and the atmosphere of the 2016 presidential campaign, may significantly alter libel law, says Mark Sableman of Thompson Coburn LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.