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Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

by Field Law on

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19661 - ARS Investors II 2012-1 HVB, LLC v. Crystal, LLC - Owner recorded an unapproved subdivision map of its commercial property into three lots and then granted a...more

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

by Jackson Walker on

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Using a Person's Image for Commercial Purposes: Lessons Learned from the Chipotle $2.2 Billion Lawsuit

This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more

Chris Lazarini Discusses Whether Defamatory Statements Constitute Libel Per Se

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case where defendant carried out a personal vendetta against the plaintiff following plaintiff's report against defendant for violations of securities laws. Following...more

Hedge Fund Wins $40 Million Defamation Judgment

by Akin Gump - Excubitor on

Following a three-week trial in New Jersey Superior Court, a jury awarded $40 million to NuWave Investment Corp., a hedge fund based in Parsippany, New Jersey. The case centered around reports provided to prospective...more

John Edwards argues before the Texas Supreme Court on important libel case that started in 2003

by Jackson Walker on

Houston partner John K. Edwards recently argued before the Texas Supreme Court on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend County...more

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

You Are the Victim of Defamation: Should You Sue?

It is not unusual to get a telephone call from a client or prospective client (let’s call him John), who says, “Somebody is saying false things about me. I want it to stop, I want an apology, and I want damages.”...more

Non-Party Yelp Ordered to Remove Defamatory Reviews

by Selman Breitman LLP on

In 2012, attorney Dawn Hassell represented Ava Bird for a period of 25 days related to a personal injury she suffered. Bird expressed dissatisfaction with the representation and Hassell withdrew from the representation....more

Extending the Reach of Octane Fitness Under the Lanham Act **WEB ONLY**

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit adopted and applied the Supreme Court of the United States’ rationale for an award of attorneys’ fees in patent cases to a trademark case. In doing so, the Fifth Circuit aligned...more

The Supreme Court Sends Spokeo Back

Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more

Congress acts on opioid drug epidemic as judge unseals OxyContin files

Here are some developments worth watching in the nation’s battle against the epidemic of opioid drug misuse that killed 28,000 Americans in 2014 alone...more

Social Media Defamation: the #creeper decision

by Field Law on

A dispute between suburban neighbours escalated and spilled over into social media when one of the neighbours vented on Facebook. The Facebook posts suggested that the plaintiff was a “nutter” and a “creep” who deployed a...more

Debt collector, Portfolio Recovery Associates, to pay $18 million to settle TCPA violations

Portfolio Recovery Associates LLC (Portfolio Recovery) agreed to pay $18 million to end multi-district litigation against the debt collection company for its alleged violations of the Telephone Consumer Protection Act (TCPA)....more

Paul Watler Speaks: Texas Supreme Court Opinions Firm Up Anti-SLAPP Rights For Online Journalists

by Jackson Walker on

Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more

Pediatric Surgeon at Florida Hospital Sues CNN for Defamation

by Akin Gump - Excubitor on

On February 16, 2016, Dr. Michael Black—former head of the pediatric cardiac surgery program at St. Mary’s Medical Center—sued CNN, Anderson Cooper and four other individual defendants in response to CNN’s allegedly false and...more

GAME OF (STICKS &) STONES – Prior Restraint & Online Defamation

by Kelley Drye & Warren LLP on

In previous posts, we have explored several aspects of internet defamation – including suing anonymous internet and twitter users and the protections afforded to internet users and providers for re-publishing content under...more

Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

by Kelley Drye & Warren LLP on

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

Jordan $8.9M – Dominick’s 0: Star Wins Over Unauthorized Use of Name

by Kelley Drye & Warren LLP on

For years, Michael Jordan dominated opponents on the basketball court. Now, he seems to be doing the same in legal courts. Last week, a jury ordered Chicago grocery chain Dominick’s (now owned by Safeway) to pay the former...more

If You Can't Say Anything Nice: Criticizing Contractors Can Be Costly

by Faegre Baker Daniels on

Construction projects can turn acrimonious — and bad feelings often survive dispute resolution. But think twice before voicing thoughts or opinions about a fellow project participant. A false statement about another’s...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Bob Marley and Federal False Endorsement Claims

by Weintraub Tobin on

Since his death in 1981, reggae superstar Bob Marley and his “image” continue to be broadly popular and command millions of dollars each year in merchandising revenue. ...more

Three Point Shot - February 2015

by Proskauer Rose LLP on

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Status Updates - December 2014

Between a lock and a hard place. Should search engines be responsible for verifying the legitimacy of the companies they include in their search results? A locksmith in Lorton, Virginia, is claiming that they should. Mark...more

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