Thomas Burke

Thomas Burke

Davis Wright Tremaine LLP

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Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

3/3/2014 - Actors Copyright First Amendment Free Speech Google Online Videos

Ninth Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more

12/4/2013 - Anti-SLAPP Collateral Order Doctrine

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

10/15/2013 - First Amendment Journalists Notice Requirements Shield Laws Subpoenas

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

1/7/2013 - Actual Malice Anti-SLAPP Conservators Defamation Public Officials

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