Communications & Media Law

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Ivy League joins digital trend

by Douglas N. Masters, Seth A. Rose | Loeb & Loeb LLP on 5/17/2013

The Ivy League this month announced that it will join the Big Ten and the PAC-12 in launching its own digital sports network, giving fans of the conference and its teams unprecedented access to their favorite team’s home and...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Tiffany & Co. v. Costco...

by Nicole Grimm, Emily Miao | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

TIFFANY diamond engagement rings enjoy worldwide fame and recognition as the quintessential engagement ring. In 1886, Tiffany created the famous Tiffany setting, a simple six-prong open symmetrical arrangement that elevates...more

Advertising Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

A Nine Inning Communications Game Plan

by Michael Bond | Blattel Communications on 5/17/2013

Crafting and executing an effective communications plan requires long-term vision, daily execution and a strategic direction. These same elements are readily apparent with a successful baseball team....more

Vermont Now Allows Entry Fees for Skill-Based Contests

by Loeb & Loeb LLP on 5/17/2013

As of April 26, 2013, sponsors of skill-based contests in Vermont can require an entry fee or other consideration for entry....more

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data? -...more

Oreo: interactive food, interactive brands

by Tim Sitzmann | Winthrop & Weinstine, P.A. on 5/17/2013

Oreo consistently receives media attention and accolades for their use of non-traditional media. They have created numerous memorable advertising moments through their twitter account. The stand out is of course their Super...more

Can the Government Search Your iPad or iPhone at the Border?

by Christopher Hopkins on 5/17/2013

Can the United States search your laptop, camera, iPhone/iPad, or other devices at the border? Read this article on the Fourth Amendment rights and exceptions....more

Indemnity Prohibition

by Peter Bauman - Senior Associate at Tharpe &... on 5/17/2013

On January 1, 2013, new rules governing indemnification in construction contracts went into effect under SB 474 in California. The new law impacts commercial real estate, and public and residential projects. The big picture...more

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

by Adam S. Forman, David G. King | Miller Canfield on 5/17/2013

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media....more

Investment Management Legal + Regulatory Update -- May 2013

by Luke T. Bagley, Jay G. Baris, Thomas M. Devaney, Kelley A. Howes, Robert E. Putney, III, Isabelle Sajous | Morrison & Foerster LLP on 5/17/2013

In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in...more

The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/17/2013

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains...more

Uncomfortable Medical Advertisements

by Steve Baird | Winthrop & Weinstine, P.A. on 5/17/2013

The colonoscopy has been the butt of jokes among medical procedures for a long time, but it is actually no laughing matter, as the Minnesota Department of Health’s Sage Scopes graphic billboard campaign reveals...more

California Moves One Step Closer to Passing Privacy Bill Requiring a Search Warrant for Providers' Customers' Emails

by Amy L. Pierce | Pillsbury Social Media, Entertainment &... on 5/17/2013

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno's bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their...more

FDCA Express Preemption Victory in Benecol Misbranding Class Action

by Maya Ingram, Claudia Vetesi | Morrison & Foerster - Private Surgeon... on 5/17/2013

A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more

FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers

by Darren Abernethy, Sallye Clark, Benjamin Griffin | Mintz Levin - Communications on 5/17/2013

In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband...more

SEC Chair Mary Jo White On Social Media

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/17/2013

In testimony before the U.S. House of Representatives Committee on Financial Services, SEC Chair Mary Jo White stated that the Netflix Section 21(a) report stands for the proposition that use of social media is acceptable “so...more

DOJ Files First Criminal Action On CFPB Referral, CFPB Files Parallel Civil Suit

by BuckleySandler LLP on 5/17/2013

On May 7, the U.S. Attorney for the Southern District of New York announced mail and wire fraud charges against a debt settlement firm, its owner, and three of its employees. ...more

Whose Social Media Account Is It, Anyway?

by Odia Kagan | Pepper Hamilton LLP on 5/16/2013

A detailed social media policy specifically addressing the ownership of social media accounts is key to a corporation’s ability to maintain ownership of an employee’s account after the employee leaves the corporation....more

Service by Social Media: The First Step in a New Way to Serve Foreign Defendants

by Joseph Rich | Cozen O'Connor on 5/16/2013

For those recovery and subrogation professionals facing the challenge of serving foreign defendants with legal papers for actions filed in the U.S. courts, the process “serving” those foreign defendants can be a long and...more

Let Them Eat Cake! (And Then Write an Online Review about It)

by Laura Rogal | Jaburg Wilk on 5/16/2013

Arizona's restaurant scene is buzzing these days with last Friday's season finale of "Kitchen Nightmares". Just Google "Amy's Baking Company" and a proliferation of stories about the featured business appears, including a...more

IR And Social Media: The Flood Gates Open To Little More Than A Trickle

by Richard S. Levick | LEVICK on 5/16/2013

Back in April, The U.S. Securities and Exchange Commission gave rise to the next major evolution in investor relations when it OK’d the disclosure of material information via Twitter, Facebook, and other social media...more

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

by Gary Mouw | Varnum LLP on 5/16/2013

In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more

Energy Drink Regulatory Update: Monster Sues City of San Francisco in Federal Court, City Fires Back in California State Court

by Fuerst Ittleman David & Joseph, PL on 5/16/2013

The FDA announced that it is conducting an investigation into the use of caffeine in foods and beverages. Since the FDA’s announcement, the energy drink industry has continued to receive significant media attention. On May 6,...more

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