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Media & Entertainment

  • June 5, 2018

    Ex-SEAL's Malpractice Row Not Just Speculative, Judge Says

    A former Navy SEAL can keep the bulk of his suit accusing his attorney of costing him $6.7 million after advising him to skip a prepublication review of his book, an Indiana federal judge ruled Tuesday, finding it was at least plausible the lawyer had cost him the royalties.

  • June 5, 2018

    No Slipping 'Shape Of Water' IP Suit, Playwright’s Son Says

    The son of a Pulitzer Prize-winning playwright who sued "The Shape of Water" director Guillermo del Toro and others fought back against the movie makers’ bid to toss his California federal suit, arguing the film has “substantial similarities” to a play his late father penned.

  • June 5, 2018

    Funko Bobbled IPO, Investor Says In Stock-Drop Suit

    Bobblehead and figurine maker Funko's misleading statements during a $116 million initial public offering last year led its stock to tank soon after it started trading, an investor claimed in Washington federal court on Monday, accusing the toymaker in a proposed securities class action of fudging its financial strength and the sustainability of its business.

  • June 5, 2018

    Net Neutrality Sunset Could Boost Online Sports Betting

    As the Federal Communications Commission moves forward with its net neutrality rule deregulation, states are ramping up their sports betting offerings in the wake of a favorable Supreme Court decision. The timing of this convergence is coincidental, but some experts speculate it could contribute to a boom in online sports betting if gamblers are allowed pay for fast-tracked internet service.

  • June 5, 2018

    9th Circ. Asked To Revive Rick Ross ‘Mastermind’ TM Row

    A Los Angeles hip-hop artist urged the Ninth Circuit on Tuesday to resuscitate his suit against Grammy-nominated rapper Rick Ross alleging infringement of his “mastermind” trademark, saying a district judge erred in finding the term is merely descriptive and not entitled to trademark protection.

  • June 5, 2018

    Telecom Agency Seeks Advice On Int'l Internet Policy

    The National Telecommunications and Information Administration has put out a wide call for advice on what its international internet priorities should be over the year, asking for comments on ways to ensure the free flow of data, cybersecurity policies and emerging technologies.

  • June 5, 2018

    Man Gets $1.9M After Beauty Co. Copies Marketing Pics

    A California federal judge on Monday awarded a man more than $1.9 million in a copyright dispute with a New York-based skincare company over claims the company copied a number of before-and-after photos he had taken and used them for online marketing.

  • June 5, 2018

    Weinstein Co. Must Face Sexual Assault Victims' NY Suit

    A Delaware bankruptcy judge on Tuesday lifted The Weinstein Co.'s Chapter 11 protection from a putative New York class action suit filed by alleged victims of Harvey Weinstein and in a related ruling ordered Weinstein's employment agreement made public.

  • June 5, 2018

    Pepsi Can’t Stop Conn. Ad Agency’s Super Bowl Suit

    Pepsi lost its bid to dismiss a Connecticut advertising agency’s claim that it stole a pitch for a Super Bowl ad when a New York federal judge on Monday ruled the latter sufficiently showed the soda giant should have at least negotiated its use of the idea.

  • June 5, 2018

    Google Says Stock Photo Antitrust Suit Fails To Show Injury

    Google told a California federal judge Monday that a stock photography company bringing a sweeping lawsuit alleging antitrust law violations and breach of contract doesn’t define a relevant impacted market, fails to show harm to competition in a market and fails to show injury.

  • June 5, 2018

    Tribal Court Rulings Irrelevant In Casino Row, 9th Circ. Says

    The Ninth Circuit on Tuesday nixed a Picayune Rancheria of Chukchansi Indians faction's appeal of an injunction ignited by a dispute at the Chukchansi Gold Resort & Casino in California, finding that tribal court rulings the faction referenced weren't relevant to what was before the lower court.

  • June 5, 2018

    Net Neutrality Move May Have Unintended Effect, Attys Warn

    The Congressional Review Act attempt to restore Obama-era net neutrality rules may have unintended consequences that gut important transparency requirements while still moving forward with the Title I reclassification of the internet as an information service, telecom experts warned during a Tuesday morning panel.

  • June 5, 2018

    Brownstein Hyatt Nabs Caesars Exec For Sports Betting Team

    Brownstein Hyatt Farber Schreck LLP on Tuesday said it has hired a top Caesars Entertainment Corp. executive to focus on the emerging sports gambling industry following a recent U.S. Supreme Court decision that opens the door to legalizing sports betting in states outside of Nevada.

  • June 5, 2018

    Think Tank Says FCC Should Scrap Cable Rules

    A think tank that often advocates for deregulation has urged the Federal Communications Commission to go forward with its plan to scrap rules requiring cable companies to dedicate some of their channel capacity to independent programmers, arguing Monday that the rules hinder competition and free speech.

  • June 5, 2018

    Facebook Says Biased Housing Ad Suit Belongs In Calif.

    Facebook asked a New York federal judge Monday to send to California litigation accusing it of enabling discrimination by letting advertisers exclude people from seeing home listings based on selected attributes, saying the users agreed to resolve claims in the Golden State and a similar suit is already pending there.

  • June 5, 2018

    MoMA Fights Cafe’s Claim That TM Not Famous Enough

    The Museum of Modern Art asked a New York federal court Tuesday to reject Manhattan cafe MoMaCha's bid to throw out a trademark dilution claim in MoMA’s infringement suit against the eatery, arguing the museum’s nickname, word marks and logo are indeed famous despite the cafe’s contention that they are not.

  • June 5, 2018

    UK Watchdog Tentatively OKs Fox-Sky Deal With Unit Sale

    The United Kingdom's competition watchdog on Tuesday recommended a conditional approval of 21st Century Fox Inc.'s acquisition of Sky PLC, which would likely be contingent on the sale of the Sky News unit to The Walt Disney Co.

  • June 5, 2018

    Apple Won't Cover Watches That Shatter, Consumer Claims

    Apple has sold millions of watches with defective screens at risk of cracking, shattering or detaching, but refuses to cover the cost of repairs under its limited warranty, a proposed class of consumers claimed Monday in California federal court.

  • June 5, 2018

    Trump Loses Bid To Slow Down Defamation Suit

    A New York judge again rejected arguments by President Donald Trump on Tuesday to hold off on document requests and depositions in a defamation suit brought by Summer Zervos over his claims that she lied when she accused him of sexual misconduct, giving the parties a year to get the case ready for trial.

  • June 4, 2018

    NJ Sports Betting Bills Advance Amid Leagues' Concerns

    New Jersey lawmakers on Monday advanced legislation to permit sports betting at casinos and racetracks in the wake of a landmark U.S. Supreme Court decision, but sports leagues’ representatives blasted the proposed measures for not providing them with a fee and related tools to protect the integrity of games.

Expert Analysis

  • Insurers Cannot Rely On 'Absurd' Exclusion Applications

    Karthik Reddy

    An Indiana district court's recent decision in Emmis v. Illinois National illustrates the absurdity of broadly construing interrelated wrongful acts exclusions and reminds policyholders that they need not accept an insurer's broad application of policy exclusions that would result in nonsensical coverage determinations, say Karthik Reddy and Matthew Jacobs of Jenner & Block LLP.

  • Congressional Forecast: April

    Layth Elhassani

    As Congress returns to Washington for a three-week work period, President Donald Trump continues announcing new policy and personnel decisions. But with midterms looming, Congress is unlikely to make progress on legislation requiring compromise and bipartisanship, say Layth Elhassani and Kaitlyn McClure of Covington & Burling LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • A 9th Circ. Warning For Game Apps With Micro-Transactions

    Christopher Queenin

    Courts that have addressed virtual game currencies have found that developers do not run afoul of state gambling laws so long as the virtual currencies have no transferable monetary value outside of the game. But the Ninth Circuit disagreed last month in Kater v. Churchill Downs, says Christopher Queenin of Nixon Peabody LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • The Impact Of Tax Reform On Film, TV And Print Media: Part 1

    Michele Alexander

    While the media has been reporting on tax reform, tax reform will impact the media industry itself. Reform's effects are numerous, from a reduction in tax rates and new deductions to the loss of important deductions and new international regimes that have kept tax experts waiting in anticipation of further guidance, say attorneys Michele Alexander and Ryan Davis of Bracewell LLP.

  • Lohan Decision Is Good News For Video Game Industry

    David Jacoby

    Last week, the New York Court of Appeals concluded that none of the "Grand Theft Auto V" images could be deemed a portrait of Lindsay Lohan or Karen Gravano. The opinion confirms a broader field on which fictional video games can tell their stories without detonating any litigation bombs. But it is not a get-out-of-jail-free card, says David Jacoby of Culhane Meadows PLLC.

  • A Notable Footnote In High Court Merit Management Decision

    Elliot Moskowitz

    The U.S. Supreme Court’s ruling in Merit Management v. FTI Consulting has been characterized as a narrowing of the Section 546(e) safe harbor, given the court’s holding that a transfer is not protected from avoidance merely because the funds passed through a “financial institution.” However, a footnote in the decision could mean that the safe harbor remains applicable to additional participants in securities transactions, say Elliot Moskowitz and Tina Hwa Joe of Davis Polk & Wardwell LLP.

  • Opinion

    Music Licensing Reform Is Singing The Same Old Song

    Thomas Lenard

    The recently introduced Music Modernization Act has received widespread support from most parts of the industry and would be an improvement over the status quo. However, the MMA reinforces many of the long-standing aspects of music licensing that hinder competition, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business​​​​​​​.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.