Communications & Media Law

Third Circuit Reverses Summary Judgment In Favor of Video Game Maker In Important Right of Publicity Case

by Stacy Allen | Jackson Walker on 5/23/2013

In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more

Terms of Service and Deceased User’s Account

by Field Law on 5/23/2013

In Ajemian v. Yahoo Inc. (May 7, 2013), a Massachusetts court considered this question. Two brothers, who administered their brother John’s estate, brought a lawsuit against Yahoo for access to email messages of their...more

Washington State Joins Trend of New Social Media Laws

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 5/23/2013

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

Updated Version "The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation," by Mark C. Walker, 7th Annual Bill of Rights...

by Mark Walker | Cox Smith on 5/23/2013

In this issue: - Table Of Contents - Table Of Authorities - I. Introduction. - II. Texas Citizens Participation Act: What is it? - A. Background and Enactment of the TCPA. - 1....more

Athletes’ Rights of Publicity Trump First Amendment in Video Game Context

by Ronald Katz | Manatt, Phelps & Phillips, LLP on 5/23/2013

In a recent 62-page decision by the Third Circuit, obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the...more

California Federal District Court Reinstates Order In Overdraft Class Action

by BuckleySandler LLP on 5/23/2013

On May 14, the U.S. District Court for the Northern District of California reinstated a prior order enjoining a national bank from engaging in false or misleading representations relating to certain overdraft practices and...more

Two Very Good Reasons To Visit The Department’s Website

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/23/2013

When I joined the Department of Corporations, it had no website. I remember reviewing possible designs for a site. Now, it seems hard to imagine that there was a time when state agencies didn’t have websites. Today, the...more

NACHA’s Guidelines For Bill Payments Via QR Codes

by Kate Aishton, Andrew Grant | BuckleySandler LLP on 5/22/2013

NACHA, the Electronic Payments Association, has just taken a step towards easing consumer payments via mobile devices. The Council for Electronic Billing and Payment, a subsection of NACHA, released its 'Quick Response...more

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

In the Continuing Saga of the TCPA: Good News, Bad News From a Court in Miami

by Judith Harris | Reed Smith on 5/22/2013

In a recently released decision from the U.S. District Court for the Southern District of Florida, Mais v. Gulf Coast Collection Bureau, et al., Judge Robert N. Scola, Jr., granted in part and denied in part cross motions for...more

FTC Solicits Input on Possible Ban of Payment Methods Preferred by Fraudsters

by Peter Luce | Davis Wright Tremaine LLP on 5/22/2013

The Federal Trade Commission (“FTC”) announced today that it is seeking public commentary on proposed changes to the Telemarketing Sales Rule (“TSR”) that would ban the use of the following types of payments by telemarketers...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

The Underside of Vine: Another Headache for Employers

by Daniel A. Schwartz | Pullman & Comley, LLC on 5/22/2013

As I highlighted last month, Vine – a new video-sharing app — is quickly infiltrating the workplace. Since my original post, I’ve been keeping tabs on what people are doing on it....more

FINRA Levies $9 Million Fine Against Financial Service Company Over Email Failures

by Pillsbury Social Media, Entertainment &... on 5/22/2013

The Financial Industry Regulatory Authority (FINRA) has levied a $7.5 million fine against LPL Financial LLC (LPL) for a series of email system failures which prevented LPL from accessing hundreds of millions of emails and...more

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

by Oskar Tulodziecki, Marta Wysokinska | K&L Gates LLP on 5/22/2013

Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in...more

FTC Sends COPPA Update Educational Letters

by BuckleySandler LLP on 5/22/2013

On May 15, the FTC announced that it sent letters to businesses to help them comply with new requirements under the revised Children’s Online Privacy Protection Act (COPPA) rule....more

SEC Commissioner Comments On JOBS Act; Immigration Reform

by David Jenson | Leonard, Street and Deinard - Dodd-Frank and... on 5/22/2013

On May 18, 2013, SEC Commissioner Luis A. Aguilar spoke at the annual gala of the Georgia Hispanic Chamber of Commerce, using the opportunity to highlight the contributions of immigrants (and Hispanic immigrants in...more

Client Alert: FCC TCPA Declaratory Ruling

by Paul Besozzi, Monica S. Desai, Deborah Lodge | Patton Boggs LLP on 5/22/2013

A recent FCC ruling has significant implications for any company using third-party telemarketers. The FCC declared that sellers may be held vicariously liable under agency theories for certain violations of the Telephone...more

Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

by Martha Engel | Winthrop & Weinstine, P.A. on 5/22/2013

You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection....more

United Kingdom Aims to Minimise the Transition and Marketing Requirements For AIFMs Under AIFMD

by Proskauer Rose LLP on 5/22/2013

INTRODUCTION - On 13 May 2013, HM Treasury published a response document to its earlier consultation regarding transposition of the Alternative Investment Fund Managers Directive (AIFMD) in the UK, along with amended...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

TM Owners Beware: Potential IP Scammers Are In Our Midst

by Deborah Peckham | Burns & Levinson LLP on 5/22/2013

There are few things more annoying than the feeling that you have been duped into paying for something that you neither need nor want. IP owners, and particularly trademark owners, are common targets for scammers seeking to...more

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

by Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

FCC Establishes Procedures for Challenging Subsidies to Incumbents Under the Connect America Fund

by K.C. Halm | Davis Wright Tremaine LLP on 5/21/2013

The FCC has issued an order outlining the procedures by which broadband providers can challenge potential subsidies directed to incumbent providers in their service areas under the Connect America Fund (CAF) subsidy program....more

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