Civil Procedure › Commercial Law & Contracts › Art, Entertainment & Sports Law

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

The first problematic contract provision often found in sports industry contracts are arbitration provisions. Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 10, 2013

Dunn v. DreamWorks Animation SKG, Inc., California Court of Appeal, April 30, 2013 (unpublished opinion) - California Court of Appeal affirms judgment in favor of defendant DreamWorks Animation on plaintiff’s breach of...more

Cars Lawsuit Runs Out of Gas

The United States Supreme Court recently brought final resolution to Mandeville-Anthony v. Walt Disney Co., a dispute over the ownership of Disney and Pixar’s animated movies “Cars” and “Cars 2,” and the spin-off television...more

NFL Concussion Lawsuits in Philadelphia

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

Federal Court Says No to “Used” Digital Music Marketplace

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a...more

The Kinkade Case, Or How Not to Conduct an Arbitration

While all arbitrators aim for the highest level of quality control, errors occur. Sometimes these errors are pretty egregious, which is why we always recommend using a trusted and well-respected ADR provider and arbitrator....more

The Efforts to Legalize Sports Betting in New Jersey—A History

A complex and expensive battle between the National Collegiate Athletic Association (NCAA) and the four major professional sports leagues and the state of New Jersey over whether New Jersey’s casinos and racetracks can offer...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no...more

A Covenant Not to Sue May Avoid Invalidity Claims

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Batmobile: The Copyright Rises

Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile. Warner Brothers and...more

Florida Long-Arm Jurisdiction, Case Law Update – Universal Music Venezuela v. Montaner

In Universal Music Venezuela v. Montaner, No. 3D12-1580 (Dec. 26, 2012), the Third District Court of Appeals reversed an order denying a motion to dismiss for lack of personal jurisdiction. The action arose out of a series of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 4, 2013

In This Issue: - Washington Shoe Co. v. A-Z Sporting Goods, Inc., USCA Ninth Circuit, December 17, 2012: Ninth Circuit reverses dismissal of copyright infringement action by Washington-based shoe manufacturer...more

"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment...more

End of the Dark Ages? Lawsuits Put Sports TV Blackout Rules to the Test

Could the New York Yankees sell the broadcasting rights to their games to cable companies and subscribers in Mississippi? Could a Los Angeles Kings fan living on the East Coast pay to watch a crucial, late-season game live...more

Gaming Legal News - December 20, 2012 • Volume 5, Number 28

In This Issue: - Indian Gaming Issues To Watch In 2013 - Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole? - Detroit Casinos’ November Revenues Decrease From Save Month Last Year: Michigan...more

US v. Pokerstars, et. al. (Lederer)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO HOWARD LEDERER [SDNY Court Clerk Summary]: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 12, 2012

In This Issue: Celador Int’l Inc. v. American Broadcasting Companies, Inc., USCA Ninth Circuit, December 3, 2012 (unpublished opinion): Ninth Circuit upholds $269 million jury award against ABC and other Disney...more

US v. Pokerstars, et. al. (Rafael Furst)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO RAFAEL FURST AND TELAMONIAN AJAX TRUST

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO RAFAEL FURST AND TELAMONIAN AJAX TRUST [SDNY CourtClerk Summary]: The Claimants agree to forfeit to the United States all funds in the Trust Account (the "Trust Account...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 16, 2012

Table of Contents: Muller v. Anderson, USCA Second Circuit, November 8, 2012 (unpublished opinion) - Circuit court affirms summary judgment in favor of producers and creators of motion picture Alien v. Predator,...more

Weekly Law Resume - October 18, 2012: Tolling Agreements vs. Statute of Limitations Waivers

Don Johnson Productions, Inc. v. Rysher Entertainment California Court of Appeal, Second Appellate District Code of Civil Procedure Section 360.5 allows parties to waive the statute of limitations if the parties follow...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 10, 2012

Table of Contents: - Mena v. Fox Entertainment Group District court grants defendants’ motion to dismiss plaintiff’s copyright-infringement action, finding no substantial similarity between plaintiff’s copyrighted...more

Game Over: Time Runs Out on Assistant Coach

Usually, a negligent misrepresentation case from the Minnesota Supreme Court would fall a bit outside my usual purview for blogging. But as a lifelong Kentucky basketball fan, how could I resist commenting on Williams v....more