Media & Entertainment

  • February 16, 2018

    Group Holds Off On FCC Net Neutrality Rollback Challenge

    A public interest group on Friday withdrew its petition filed in the D.C. Circuit seeking to overturn the Federal Communications Commission’s order ending net neutrality regulations, acknowledging that challenges should be filed after the order’s publication in the Federal Register as a lottery to determine jurisdiction for challenges looms.

  • February 16, 2018

    MGM's $675M Pitch Puts Conn. Tribes' Casino Plan At Risk

    The Mohegan and Mashantucket Pequot tribes’ joint bid to build a $300 million casino in East Windsor, Connecticut, seemed to be nearing fruition last year, but problems securing federal approvals and a recent bill backing a competing $675 million proposal from MGM Resorts International are threatening to capsize the tribes' deal. Here, Law360 looks at the latest developments in the saga.

  • February 16, 2018

    DOJ Resists AT&T Request For Evidence Of Trump’s CNN Ire

    President Donald Trump’s tirades against CNN on and off the campaign trail have nothing to do with the U.S. Department of Justice’s lawsuit opposing AT&T’s proposed $85 billion purchase of CNN parent Time Warner, a DOJ attorney said Friday in fighting the distracting “sideshow” of discovery into the matter.

  • February 16, 2018

    MLBers Want Hearing Over Info In Al Jazeera Libel Suit

    Major League Baseball players Ryan Zimmerman and Ryan Howard are pushing for an answer as to whether Al Jazeera will be forced to hand over information gathered by an undercover investigator for a controversial 2015 documentary that accused them of using performance enhancing drugs and is the subject of their defamation lawsuit.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Can Courts Handle The Increased FOIA Strain Under Trump?

    U.S. District Judge Reggie B. Walton found himself in a difficult position last month, caught between the obligation for a speedy government response to a Freedom of Information Act request and the strain federal agencies and courts are under as FOIA litigation surges under the Trump administration.

  • February 16, 2018

    FCC Halts Bitcoin Miner For Cell Network Interference

    The Federal Communications Commission said it has been forced to come down on a New York man whose operation of a bitcoin transaction monitor was interfering with T-Mobile’s cellular network.

  • February 16, 2018

    Newswire Hacker Can’t Beat $30M Securities Fraud Case

    A Brooklyn federal court rejected a former Morgan Stanley fund manager's request to trim his indictment for allegedly scheming to make $30 million by trading on information from stolen press releases, with the judge finding Friday the charges were sufficiently specific.

  • February 16, 2018

    Deals Rumor Mill: Uber, Walmart, Thomson Reuters

    Uber is reportedly getting ready to take a large stake in taxi and carpooling company Grab, Walmart is mulling a deal for a more than 40 percent stake in Flipkart, and $15 billion in financing is backing a Blackstone-led consortium’s $17 billion bid for Thomson Reuters’ financial and risk business.

  • February 16, 2018

    FCC Reauthorization Bill Reflects Industry, Policy Trends

    The House of Representatives is taking another stab at renewing the mandate for the Federal Communications Commission, and many of the provisions in the multipronged bill reflect the agency’s morphing values in the Trump administration.

  • February 16, 2018

    Tribal Casino Operator Seeks OK Of $3.7M Arbitral Award

    The tribal operator of Harrah’s Cherokee Casino and Hotel has asked a North Carolina federal court to confirm a $3.7 million arbitration award against a concrete subcontractor for the collapse of a portion of a parking garage that caused a personal injury and a shutdown of the garage, saying the award has been paid in full.

  • February 16, 2018

    Lundy Law Scolded In Decision Axing False Advertising Suit

    A federal judge upbraided Philadelphia-based personal injury firm Lundy Law LLP on Thursday for advertisements that seemingly overstated the scope of its services, but ultimately agreed that a rival did not have grounds to move forward with a lawsuit seeking damages over the purported misrepresentations.

  • February 16, 2018

    Facebook Threatened With $125M Fine For Tracking Belgians

    A Belgian court on Friday ordered Facebook to stop tracking Belgian citizens’ online activity on third-party websites — or face up to €100 million ($125 million) in fines.

  • February 16, 2018

    Boston Herald Cleared For $12M Ch. 11 Sale To MediaNews

    The Boston Herald on Friday secured court approval for the tabloid's $11.98 million sale to hedge fund-controlled MediaNews Group, under a business-saving deal expected to close by March 28.

  • February 16, 2018

    FCC Weighs Extending Permits After Nix Of Studio Rule

    The Federal Communications Commission requested public comment Thursday on a request to extend all expiring construction permits so that broadcasters can take advantage of the elimination of a rule requiring stations’ main studios to be located in the communities they cover.

  • February 16, 2018

    Actress Deschanel's Countersuit Axed As Case Nears Trial

    A California judge granted Seven Summits a quick win Thursday in a countersuit brought by actress Zooey Deschanel against the entertainment management company as a contract dispute over commissions heads to a March trial, finding that it didn’t cause the “New Girl” star to switch talent agencies.

  • February 16, 2018

    'Star Wars' Card Game Isn't A Trademark, App Co. Says

    Facing a trademark lawsuit from Walt Disney Co.’s Lucasfilm Ltd., a British gamemaker said Thursday that the studio cannot claim trademark rights to a fictional card game featured in “Star Wars.”

  • February 15, 2018

    Disney, Others Beat ‘Mickey’ Singer Toni Basil’s TM Claims

    A California federal judge on Thursday granted a bid by Disney, Kohl’s and Forever 21 to dismiss a trademark infringement claim brought by Toni Basil, the singer of 1981’s one-hit wonder song “Mickey,” that accused all three companies of using her image and voice to advertise their own products.

  • February 15, 2018

    Man Cops To Scam To Sell Stolen Vermeer, Rembrandt Works

    A West Virginia man admitted Thursday in Massachusetts federal court that he attempted last year to sell two oil paintings on Craigslist that had been stolen from the Isabella Stewart Gardner Museum in Boston and that he did not actually possess.

  • February 17, 2018

    CORRECTED: Embedding Tweets Can Be Infringement, Judge Says

    A New York federal judge found Thursday that a slew of news organizations, including Yahoo, Time, The Boston Globe and Gannett, infringed a photographer’s copyrighted picture of NFL quarterback Tom Brady when they embedded tweets containing the image within articles on their websites. (Correction: An earlier story incorrectly described the underlying actions that constituted infringement. The error has been corrected.)

Expert Analysis

  • Online Image Infringement And The Statutory-Damages Threat

    Daniel Mazanec

    A New York federal court's recent decision in FlameFlynet v. Shoshanna adds to a growing body of precedent for refusing to award substantial statutory damages requested by a copyright owner where the amount far exceeds actual damages, says Daniel Mazanec of Greenspoon Marder LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Why President Ford Belongs On Copyright’s Mount Rushmore

    David Kluft

    Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • How Not To Enforce An Arbitration Agreement

    Phillip Kilgore

    The Fourth Circuit's recent opinion in Degidio v. Crazy Horse Saloon and Restaurant serves as a lesson to employers and counsel alike on what not to do when setting up an arbitration program or when attempting to enforce an arbitration agreement, says Phillip Kilgore of Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 2nd Circ. Ruling May Broaden Common D&O Policy Exclusion

    Kevin LaCroix

    A recurring directors and officers insurance issue is the question of whether or not coverage for a claim is precluded under the relevant policy’s professional services exclusion. The Second Circuit’s recent opinion in a coverage dispute arising out of the Facebook initial public offering could extend the exclusion’s preclusive effect far beyond the intended purpose, says Kevin LaCroix of RT ProExec.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.