Art, Entertainment & Sports Civil Procedure Privacy

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Lohan v. Take-Two Interactive Software Inc. and Gravano v. Take-Two Interactive Software Inc. - New York Supreme Court, Appellate...

New York appeals court overturns lower court decision, dismissing claims by actress Lindsay Lohan and former “Mob Wives” star Karen Gravano against “Grand Theft Auto V” video game makers for misappropriating their likenesses,...more

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

Court Declines to Dismiss Jason Pierre-Paul’s Suit Against ESPN and Adam Schefter

The lawsuit filed by New York Giants defensive end Jason Pierre-Paul against ESPN and ESPN reporter Adam Schefter for invasion of privacy has survived its first challenge from ESPN. ESPN filed a motion to dismiss...more

Michigan Court Holds That Pandora Users Are Not Customers Under State Law, Further Narrowing Streaming Privacy Laws

On July 6, 2016, the Michigan Supreme Court held that a Pandora user was not a “customer” allowed to bring a class action under the Video Rental Privacy Act (“VRPA”) in Michigan. ...more

First Circuit panel significantly expands VPPA definitions

The First Circuit Court of Appeals on June 7, 2016 denied a petition for rehearing en banc of a panel opinion with potentially significant consequences for providers of video services under the Video Privacy Protection Act of...more

Consumer VPPA Class Action Against CNN Dismissed

The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Sony settles employees’ class action suit for up to $8M

The Sony data breach in 2014 was one of the most significant breaches experienced and was a first on many fronts. It was alleged to have been caused by North Korean hackers (calling themselves Guardians of Peace) seeking to...more

It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the...more

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

Stalking: From Adele to Andrews

Under the Protection from Abuse Act, abuse is defined as... The occurrence of … the following [act] between family or household members, sexual or intimate partners or persons who share biological parenthood: knowingly...more

Class action against Reader’s Digest for selling subscribers’ personal information

Reader’s Digest, owned by Trusted Media, was hit with a class action in New York federal court alleging that the magazine sells its subscribers’ personal information, including names, addresses, and demographic information,...more

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

Actor James Woods Defeats Anonymous Tweeter’s Special Motion to Strike Defamation Suit

In July 2015, renowned film and television actor James Woods filed a $10 million defamation lawsuit against anonymous Twitter user “Abe List,” alleging that Abe List falsely accused Woods of being a cocaine addict. The...more

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Sony will pay up to $4.5M to settle data breach case with employees and up to $3.49 in attorneys’ fees for plaintiffs’ attorneys

Sony Pictures (Sony) agreed on Monday (October 19, 2015) to pay at least $2M and up to $4.5M to employees whose personal information was breached and posted online during the massive hack that hit Sony in 2014....more

Greene v. Paramount Pictures Corp. - USDC, E.D. New York, September 30, 2015

District court grants defendants’ motion to dismiss invasion of privacy claims, holding that defendants’ film “The Wolf of Wall Street” did not use plaintiff’s actual name or image, and grants in part and denies in part...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

9th Circuit Holds No Private Right of Action for Data Retention Violation Under the Video Privacy Protection Act

The decision further aligns the circuit courts in holding that the private right of action is limited to the Act’s prohibition on unauthorized disclosures only. A recent attempt to expand the breadth of the private right...more

District Court Dismisses Data Breach Class Action Against GameStop, Inc.

The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the...more

UK: Use of image taken from social media breaches UK media privacy rules

The UK Independent Press Standards Organisation has upheld a complaint against a newspaper after it published an image taken from social media without consent picturing a man who had been arrested for murder with a woman...more

Rhoads v. Margolis - Cal. App. 2d, January 26, 2015

In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more

UK: Data Protection - Information Tribunal rule on FOIA exemptions concerning the Tate Gallery and BP

The First-tier Tribunal (Information Rights) has considered whether the Tate Gallery was exempt from disclosing information concerning sponsorship and meeting minutes to BP under sections 41(1) and 43(2) of the Freedom of...more

Valencia v. Universal City Studios LLC

USDC, N.D. Georgia, December 18, 2014 - District court dismisses all claims of hip-hop dancer Honey Rockwell, who alleged that films Honey and Honey 2 violated her privacy rights and trademark rights, holding that some...more

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