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Media & Entertainment

  • September 7, 2018

    Brand Battles: Hot Pockets, Adderall, Superman

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestlé gets indigestion over "Pocket Bacon," the producer of Adderall isn't pleased about a homeopathic rival that riffs on the name, and Warner Bros. defends the Superman franchise.

  • September 7, 2018

    Fed. Circ. Says Game Co.'s AIA Reviews Might Be Time-Barred

    The Federal Circuit on Friday vacated Patent Trial and Appeal Board decisions in which the maker of the video game “Destiny” successfully challenged three patents on “virtual world” technology, saying the board did not properly analyze whether the petitions were filed too late.

  • September 7, 2018

    Brazil Commish Says US Could've Helped AT&T Deal Review

    A commissioner with Brazil's competition authority said Friday that more cooperation from the U.S. Department of Justice during the review of AT&T Inc.'s $85.4 billion acquisition of Time Warner Inc. could have helped his agency push for stronger market protections.

  • September 7, 2018

    Failure To Name Parent Co. Sinks Sirius PTAB Challenges

    The Patent Trial and Appeal Board on Thursday rejected Sirius XM Radio Inc.’s challenges to three satellite signal patents the broadcaster has been accused of infringing, faulting Sirius for not naming its parent company as a party interested in the proceedings.

  • September 7, 2018

    Cambridge Analytica Counsel Must Find Sub: Facebook Users

    Facebook users leading litigation over Cambridge Analytica’s data collection scandal told a New York bankruptcy judge Thursday that Schulte Roth & Zabel LLP shouldn't be given permission to stop representing the political consulting shop until the firm finds a replacement in order to protect the interests of everyone involved.

  • September 7, 2018

    Brazil's New GDPR-Inspired Law Could Spur EU Data Deal

    Brazil's first-ever national privacy regime could set up South America's biggest economy to work out a lucrative data-sharing pact with the European Union, despite a presidential veto that axed the agency intended to enforce it, attorneys say.

  • September 7, 2018

    Netflix, Hulu Move Missouri Towns' Suit To Federal Court

    Netflix and Hulu moved an amended lawsuit brought by dozens of Missouri municipalities against the streaming companies to Missouri federal court, saying that the class size is too big, the amount of money in question exceeds $5 million and the companies belong to different states.

  • September 7, 2018

    TV Commercial Price Dispute Grows As NY Ad Agency Sues

    A New York advertising agency accused Hearst, Tribune, Sinclair and other TV giants of plotting to fix prices for commercials, filing a proposed class action in New York federal court Wednesday as the latest in a barrage of antitrust suits against broadcasters over ad rates.

  • September 7, 2018

    Saul Ewing Atty Creates New Zoning For Largest US Mall

    Mall of America owner Triple Five Group recently cleared a major hurdle in the approval process for its planned mega-mall in Miami — which is slated to be the nation's largest — after Saul Ewing Arnstein & Lehr LLP helped the developer create a new retail-entertainment zoning category the project plans to use.

  • September 7, 2018

    Ex-HBO Sports Producer Says Firing Was Racially Motivated

    A former producer at HBO Sports sued the network in Manhattan federal court on Friday for allegedly denying him a promotion in favor of a less-qualified white man, giving him fewer opportunities, disciplining him and ultimately firing him because he is black and Latino.

  • September 6, 2018

    Concert Tix Cos. Sue NY AG To Preempt 'Drop Shipping' Row

    Two concert ticket companies hit the New York attorney general with a lawsuit in state court Thursday, seeking a judgment that she can’t sue them, as she has apparently threatened, over alleged violations of consumer protection laws.

  • September 6, 2018

    Judge Sanctions Business Partner In Jimi Hendrix TM Suit

    A New York federal judge on Thursday hit a business partner of Jimi Hendrix's brother with $4,000 in sanctions in a trademark dispute with the late rock star's estate, saying the partner had repeatedly missed discovery deadlines.

  • September 6, 2018

    Judge Tells Thelonious Monk’s Estate To ‘Get Real’ In IP Row

    A California federal judge on Thursday urged counsel for the estate of jazz legend Thelonious Monk to settle its case accusing a brewery of infringing its trademarks, saying his client needs to “get real” about what it wants from the brewery and that it's “sad” that a deal between the parties that once funded jazz education has devolved into litigation.

  • September 6, 2018

    EU Clears Apple’s $400M Shazam Buy

    European Union antitrust regulators signed off Thursday on Apple’s proposed $400 million acquisition of music-identification app maker Shazam, closing out an in-depth review sparked over concerns that Shazam’s data and software might be leveraged against competitors.

  • September 6, 2018

    North Korean Man Charged With Sony Hack, WannaCry Virus

    The U.S. Department of Justice on Thursday charged a North Korean hacker and alleged spy in connection with some of the most damaging cyberattacks in recent memory, including the 2014 breach of Sony Pictures, the theft of $81 million from a bank in Bangladesh and the release of the WannaCry 2.0 virus that ground computer systems worldwide to a halt. 

  • September 6, 2018

    FCC’s Carr Touts $2B In Possible 5G Savings From Fee Caps

    Federal Communications Commissioner Brendan Carr touted an industry-funded economic analysis Wednesday that found that capping fees at rates proposed under a plan to speed up the deployment of fifth-generation, or 5G, infrastructure on a local level could save industry $2 billion in “unnecessary costs.”

  • September 6, 2018

    Gov't Must Fund Shared Net Infrastructure, Groups Say

    A coalition of public interest groups outlined policy priorities Thursday that they say will speed the expansion of rural broadband, including an emphasis on restoring open-internet principles and implementing build-out funding strategies that are not carrier specific.

  • September 6, 2018

    'Spotlight' Studio Open Road Hits Ch. 11 In Del. With Sale Plan

    Open Road Films LLC, distributor of the Oscar-winning film "Spotlight," hit Chapter 11 in Delaware on Thursday, citing volatility in the film industry and disappointing box office performance as it plans to use cash collateral to fund operations while it pursues a sale of its assets.

  • September 6, 2018

    3rd Circ. Declines To Revive Tribune Race Bias Suit

    A former Tribune Media Co. employee’s decade-old race bias suit hit a fatal hurdle Wednesday as the Third Circuit declined to revive the case, finding that the employee didn’t show enough evidence that he lost his job because of racial discrimination and that he had ample opportunity to do so.

  • September 6, 2018

    The Village Recorder Lodges TM Suit Against Film Studio

    Los Angeles recording studio the Village Recorder lodged a trademark suit against a Louisiana-based studio called Village Studios on Wednesday, claiming Village Studios is piggybacking on the goodwill of the more famous studio.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Employers Must Respond To Weingarten Rights Expansion

    Douglas Darch

    In Circus Circus, the National Labor Relations Board overturned nearly 40 years of precedent in shifting the burden of contacting and obtaining a union representative onto employers when they interview employees suspected of misconduct. Employers should err on the side of caution and extend union representation whenever Weingarten rights may be triggered, says Douglas Darch of Baker & McKenzie LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • How FTC Rules Affect Employee-Generated Marketing

    Nick Peterson

    Companies have begun to encourage employees to post about their products on social media, as well as leave reviews on websites like Amazon and Yelp. However, the Federal Trade Commission has expressed concerns that employee marketing can be deceptive to consumers, say Nick Peterson and Brandon Moss of Wiley Rein LLP.