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What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland...more

Ninth Circuit Leaves it to Policyholder to Pay Eddie Haskell’s Attorneys’ Fees

Moral hazard lurks around the edges of many disputes about liability coverage. Everyone agrees in principle that insurance shouldn’t help bad actors benefit from their wrongdoing, but parties often clash over where the...more

He’s got 99 Problems, But a Breach Might Be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship...more

Gilkyson v Disney Enterprises, Inc. - Calif. Appeal Court, 2nd App. District, Div. 7, January 27, 2016

Appellate court finds that claim for breach of contract for contractual royalties brought against Disney by heirs of Terry Gilkyson, songwriter for “The Jungle Book” film, are not time-barred, based on application of...more

Another DraftKings Class Action: A Primer on California False Advertising Claims

This month, one of the leading daily fantasy sports websites, DraftKings got hit with another lawsuit, this time a class action filed in the Los Angeles County Superior Court, Coleman v. DraftKings, Case No. BC600787. Given...more

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

Atlanta Rapper Rich Homie Quan Seeks Cancellation or Transfer of Trademarks and Over $2,000,000 in Damages

Think It's A Game Entertainment, LLC ("TIG"), an Atlanta-based production company, Fly Merchandise Enterprises, LLC ("Fly"), and Girvan Henry ("Henry"), have left Atlanta rapper Rich Homie Quan feeling "some type of way."...more

Ninth Circuit Stays Injunction in O’Bannon v. NCAA Pending Final Decision

The Ninth Circuit issued an order last Friday staying an injunction from U.S. District Judge Claudia Wilken of the Northern District of California in O’Bannon v. NCAA until it reaches a decision on the merits of the appeal....more

16 Casa Duse, LLC v. Merkin - USCA, Second Circuit, June 29, 2015

In matter of first impression, Second Circuit affirms ruling that director does not own copyright interest in film that he directed, because his creative contributions were inseparable from and integrated into...more

Jordan-Benel v. Universal City Studios, Inc. - USDC, C.D. California, June 24, 2015

District Court allows screenwriter’s suit alleging feature film The Purge was based on his screenplay, Settler’s Day, to proceed, denying defendants’ anti-SLAPP motion because acts supporting plaintiff’s implied contract...more

Napoleon Pictures Limited v. Fox - Searchlight Pictures, Inc. California Court of Appeal, 2d Appellate Div., April 9, 2015

Napoleon Pictures Limited v. Fox - Searchlight Pictures, Inc. California Court of Appeal, 2d Appellate Div., April 9, 2015 - Appellate court affirms trial court’s judgment in dispute over royalties for video sales for...more

Lance Armstrong’s Perjured Doping Testimony Earns Him a $10 Million Sanction in Arbitration

Recently, Lance Armstrong attracted national attention when an arbitration panel in Texas ordered him to pay $10 million in sanctions to a promotions company for lying about his use of performance-enhancing drugs to win the...more

Three Point Shot - November 2014

Florida Broker Denied Assist in Argentine Soccer Media Rights Deal - 2014 has been a decent year for soccer – ahem, fútbol – in Argentina. An Argentine club team (San Lorenzo) won the 2014 Copa Libertadores, South...more

Hold ’Em Or Fold ’Em: What’s Next For The Massachusetts Gaming Industry If Voters Repeal The Gaming Law?

The Supreme Judicial Court of Massachusetts recently cleared the way for gaming opponents to appeal directly to Massachusetts voters by allowing the measure to repeal the Massachusetts gaming law to be placed on the November...more

Counts v. Meriwether - U.S.D.C., C.D. California, October 14, 2014

District court dismisses plaintiffs’ claim that Fox’s popular television show New Girl infringes their copyrighted screenplay because complaint did not adequately identify works at issue, and dismisses claims for breach of...more

Gilligan’s Island Remake Awash with Copyright Controversy

Travis P. Dunson (“Dunson”) filed suit for copyright infringement, money damages, injunctive relief, attorneys’ fees, as well as damages for breach of implied contract, conversion, unjust enrichment, and quantum meruit...more

Funkadelic Master Sound Recordings Can Be Involuntarily Transferred to a Court-Appointed Receiver to Satisfy Judgment

Hendricks & Lewis PLLC v. Clinton - Addressing the issue of whether a lower court abused its discretion by appointing a receiver and authorizing the sale of master sound recordings to satisfy monetary judgments, the...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Curtis v. Illumination Arts, Inc.

Curtis v. Illumination Arts, Inc. - USDC, W.D. Wa., July 17, 2014 - District court grants default judgment in copyright action and awards $50,000 in statutory damages against defendant publishers per book...more

Musicians in the theatre production ‘War Horse’ lose their legal bid

Musicians employed by the National Theatre in its production of War Horse at the New London Theatre have been refused their application for an interim injunction, or alternatively specific performance, to require the National...more

Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments...more

Nine Thoughts On The Ninth Circuit’s “Innocence of Muslims” Copyright Decision

By now, you’ve probably heard the agonized shrieks of your friendly neighborhood copyright lawyer, decrying the Ninth Circuit’s opinion Garcia v. Google. If you haven’t had the time or inclination to read the opinion, here is...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Fox Broadcasting...

Ninth Circuit issues amended opinion affirming denial of plaintiff broadcasting companies’ motion for preliminary injunction against Dish Network over Dish Network’s network television recording product, finding that...more

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