Media & Entertainment

  • July 19, 2019

    Katy Perry's 'Dark Horse' 'Borrows' Rapper's Beat, Jury Told

    Katy Perry's single "Dark Horse" uses a musical phrase that's substantially similar to that of a Christian rap song the pop singer is accused of ripping off, a California federal jury heard Friday in an intellectual property trial over whether Perry's songwriters listened to the rap before writing her hit.

  • July 19, 2019

    Kids' Data Again In Spotlight As FTC Revisits Privacy Rule

    The Federal Trade Commission has called for what could be a multiyear review of its child privacy rules, a process that could upend compliance plans for website operators and app developers and bring a wider range of service providers and personal information under the law, attorneys say. 

  • July 19, 2019

    Polsinelli Bags Blank Rome Real Estate, Retail Litigator

    Polsinelli PC has hired a real estate and commercial litigator with experience in retail internal investigations from Blank Rome LLP in New York, part of the firm’s larger lateral hiring spree this month.

  • July 19, 2019

    Real Housewife Settles Pay-Seizure Suit With Vineyard Vines

    "Real Housewives of New Jersey" star Margaret Josephs has settled a New York state court lawsuit over clothier Vineyard Vines’ bid to intercept her Bravo pay to help satisfy a $610,000 federal copyright infringement judgment, a lawyer for the reality star said Friday.

  • July 19, 2019

    Oakland Faces Skeptical Judge In NFL Suit Over Raiders Move

    A California federal judge struggled to see how an antitrust injury resulted from the National Football League allowing the Raiders team to move from Oakland to Las Vegas, but nonetheless granted on Friday the City of Oakland an opportunity to amend its complaint.

  • July 19, 2019

    Brand Battles: Tinder Tightens Grip On 'Swipe' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Tinder takes a swipe at a smaller company's “Swiped-Out” trademark, golf legend Jack Nicklaus defends his "Golden Bear" logo, and BMW finds itself in a "Mini" dispute with Macy's.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    Model Gigi Hadid Escapes Copyright Suit Over Instagram Pic

    Supermodel Gigi Hadid has escaped a copyright suit against her for posting a paparazzi photo of herself on Instagram, after a New York federal judge on Thursday found that the company that owns the photo failed to obtain a registered copyright for the photo before bringing the suit.

  • July 19, 2019

    O'Rielly To Broadcasters: Don't 'Screw Up' New Kid Vid Rules

    FCC Commissioner Michael O'Rielly warned broadcasters to not "screw this up" as they take advantage of newfound flexibility in airing mandated children's TV programming, saying that shirking those responsibilities could result in heavier regulations later.

  • July 19, 2019

    11 Firms To Guide 7 IPOs Exceeding $1.4B As July Stays Hot

    Eleven firms are set to guide eight initial public offerings estimated to raise more than $1.4 billion during the week of July 22, continuing a sizzling stretch on the IPO schedule highlighted by a Chinese sports marketing giant and a wide gamut of issuers.

  • July 19, 2019

    Bosch Urges FCC To Give High-Frequency Use Another Look

    German conglomerate Bosch has called on the Federal Communications Commission to reconsider how it approaches experimental use of ultra-high frequency bands, saying the agency missed an opportunity to boost high-tech sector growth by opening up more unlicensed spectrum.

  • July 19, 2019

    Gamers Say Nintendo Joystick Defect Ruins Controllers

    A proposed class of video game players sued Nintendo of America Inc. in Washington federal court on Friday, saying the acclaimed developer has known about a defect in controllers for its latest system but refuses to fix it.

  • July 19, 2019

    FCC Mulling Customer Opt-Outs For Wireless Carriers' Texts

    The Federal Communications Commission is considering whether to allow cell service customers to opt out of all texts from their providers after an AT&T customer complained the carrier wouldn’t stop sending frequent, unwanted messages about his data usage and bills.

  • July 19, 2019

    SFX Directors, CEO To Pay $7.5M To End Shareholder Suit

    The directors of dance music festival promoter SFX Entertainment Inc. and its CEO have agreed to pay $7.5 million to settle an investor suit alleging they tried to fraudulently bolster the company's stock price before declaring bankruptcy in February 2016.

  • July 19, 2019

    Pa. TV Reporter Sues Red Bull Over Flugtag Stunt Injuries

    Energy drink maker Red Bull hid the danger and injuries inherent in its extreme-sports stunts when it got a TV reporter to crash off a ramp into the Ohio River as part of its Flugtag event at Pittsburgh's 2017 Three Rivers Regatta, the journalist has alleged in a lawsuit.

  • July 19, 2019

    Hooper Lundy OK To Rep Husband & Wife In 'Varsity Blues'

    A California couple charged in the nationwide college admissions case known as "Varsity Blues" told a Massachusetts federal judge they are comfortable having Hooper Lundy & Bookman PC represent them both, despite several concerns raised by prosecutors during a hearing Friday.

  • July 18, 2019

    Katy Perry Takes The Stand To Defend 'Dark Horse' Beat

    Katy Perry told a California federal jury Thursday that she's never heard the Christian rap song she's accused of ripping off to make her single "Dark Horse," kicking off an intellectual property trial over whether her songwriters listened to the rap before writing her hit.

  • July 18, 2019

    Nike Says Kawhi Leonard's Logo Suit Flouts Copyright Office

    Nike Inc. shot back Wednesday at NBA Finals MVP Kawhi Leonard's federal lawsuit seeking to deny the shoe company the copyright to a "Claw" logo that Leonard says he designed based on his notably large hands, alleging the star player is trying to "re-write history" and "defraud" the U.S. Copyright Office.

  • July 18, 2019

    Schumer Wants FaceApp's Data Usage, Russian Ties Probed

    Senate Minority Leader Chuck Schumer, D-N.Y., is asking the FBI and Federal Trade Commission to look into privacy and national security concerns posed by the rapid rise of the photo-altering FaceApp app, which is run by a Russian tech company and has scooped up personal data from millions of Americans.  

  • July 18, 2019

    Copyright Small Claims Court Bill Heads To Senate Floor

    A proposal to establish small claims courts to hear copyright disputes will head to the U.S. Senate floor after easily clearing the Senate Judiciary Committee on Thursday.

  • July 18, 2019

    Facebook, WhatsApp Score Messaging Patent Victory

    Facebook and its popular messaging platform WhatsApp landed a victory this week when the U.S. Patent Trial and Appeal Board invalidated many of the patent claims on electronic messaging held by a competing media company, finding those claims to be unpatentable over prior art.

  • July 18, 2019

    Fox Rothschild Is Fully Out Of The Porn Copyright Biz

    Following the exit of a partner who filed hundreds of cases over pornography, BigLaw giant Fox Rothschild LLP is no longer the most litigious copyright firm in the country, replaced by a New York attorney who was once labeled a "troll" by a federal judge.

  • July 18, 2019

    Sports Photogs' Claims Against Last Memorabilia Co. Tossed

    A lawsuit launched by a pair of sports photographers against nearly two dozen companies and individuals accused of illegally reprinting and selling their photos has come to an end after a New York federal judge on Thursday dismissed claims against the last remaining defendant for lack of jurisdiction.

  • July 18, 2019

    Mitchell Silberberg Nabs Hollywood Labor Pro From Manatt

    Mitchell Silberberg & Knupp LLP has snagged the former chair of Manatt Phelps & Phillips LLP’s entertainment and media practice, who handles everything from discrimination and federal benefits law matters to negotiations with Hollywood guilds for the Oprah Winfrey Network and the Netflix series “House of Cards.”

  • July 18, 2019

    NTIA Asks FCC To Update Network Servicing Rules

    The National Telecommunications and Information Administration asked the Federal Communications Commission on Wednesday to launch a rulemaking to update the rules surrounding its Telecommunications Service Priority program, which lets certain registered groups get priority when telecom carriers are renovating or temporarily taking down their service lines.

Expert Analysis

  • 4 Things FTC Competition Bureau Looks For In White Papers

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    Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

  • Before The DST Settles: What To Know About UK Digital Tax

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    With the introduction of detailed legislation on July 11 for what the United Kingdom considers to be “a targeted, proportionate and temporary tax,” the U.K. hopes to keep the pressure on the Organization for Economic Cooperation and Development for a comprehensive consensus-based solution to a digital services tax, say attorneys at Squire Patton.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Data Analytics Decision Highlights Product Liability Questions

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    In Rodgers v. Laura & John Arnold Foundation, a New Jersey federal court recently held that a public safety assessment based on data analytics was speech rather than a product. The decision suggests that consumers led astray by analytics may want to consider remedies outside of product liability law, say Davis Walsh and Richard Beaulieu of McGuireWoods.

  • Opinion

    TTB Label Regulations Infringe Brewers’ Civil Liberties

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    While the Alcohol and Tobacco Tax and Trade Bureau is easing some of its alcohol labeling restrictions — including those related to patriotic imagery — the reforms will continue to restrict brewers’, vintners’ and distillers’ freedom of speech, says Michael DeGrandis of the New Civil Liberties Alliance.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Perspectives

    Looted-Art Heirs May Find A Sympathetic Forum In NY Courts

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    The New York Appellate Division decision last week in Reif v. Nagy — in favor of the heirs in a Holocaust looted-art claim — is noteworthy because of the manner in which it rejected the defendant’s claim of laches, just a few weeks after the Second Circuit had dismissed a Holocaust looted-art claim on those very grounds, says Martin Bienstock of Bienstock.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • Defense Of Copyright Claims: Don’t Let Your Proof Go Poof

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    The recent proliferation of communications platforms in which content literally disappears after a short period of time has increased the risk of companies losing out on important evidence that would be crucial in copyright litigation, says Evynne Grover of QBE North America.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Revenge Porn Can Be Outlawed Under The First Amendment

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    To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.

  • Online Marketplaces: Continuing Product Liability, CDA Issues

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    Two federal circuit courts recently ruled on whether online marketplaces can incur liability for products manufactured or sold by third parties, and on whether the Communications Decency Act of 1996 bears on this question. The cases highlight the difficulty of assessing whether a claim is speech- or product-related, says Steven Kramer of Eckert Seamans.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • UK’s Proposed Age-Appropriate Data Code Would Be Onerous

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    Proposed internet business guidance from the British Information Commissioner’s Office could come into conflict with the U.S. Children's Online Privacy Protection Act and impose significant operational burdens, says Sheila Millar of Keller & Heckman.