McDermott Will & Emery

227 West Monroe Street
Chicago, IL 60606, United States

  • +1 312 372 2000
  • +1 312 984 7700

Appeals Court Validates FERC Regional Planning Mandate as Reasoned Evolution of the Open-Access Electricity Transmission System

The Federal Energy Regulatory Commission’s (FERC) Order No. 1000 mandate that going forward the high-voltage electric transmission grid be planned and fairly financed regionally by all of its operators and beneficiaries,…more
| Commercial Law & Contracts, Energy & Utilities

The Notice Period: Employees Who Refuse to Work

If an employee walks out, refusing to work his notice period, can an employer elect to keep the contract of employment alive, without paying the recalcitrant employee?…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Communications & Media Law

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 U.S…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Per Second Circuit: Full Text Searchable Database Is Fair Use

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized…more
| Art, Entertainment, & Sports Law, Civil Procedure, Constitutional Law, Intellectual Property, Science, Computers, & Technology

Judge Posner Solves Sherlock Holmes Copyright Case

Klinger v. Conan Doyle Estate, Ltd. - The original character of the famous detective Sherlock Holmes, along with his sidekick, Dr. John H. Watson, are no longer subject to copyright protection. In an opinion by Judge…more
| Art, Entertainment, & Sports Law, Intellectual Property

Sixth Circuit Affirms the Importance of Identifying Protected Elements of Copyrighted Software

Automated Solutions Corporation v. Paragon Data Systems, Inc. - The U.S. Court of Appeals for the Sixth Circuit confirmed that a party claiming infringement of copyrighted computer software must identify those components…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Stop the Music (or Be Vicariously Liable)

Broadcast Music, Inc., et al v. Meadowlake, Ltd. - The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music without authorization, and…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images and…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Remedies, Education

The Aereo Crashed: Cheap Internet TV Thwarted

American Broadcasting Cos., Inc. v. Aereo, Inc. - The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television networks. American…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

IRS Issues Additional Guidance with Respect to 2013 Beginning of Construction Rules for Wind and Other Renewable Projects

The Internal Revenue Service (Service) issued Notice 2014-46 (Notice) on August 8, 2014, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,…more
| Construction Law, Energy & Utilities, Environmental Law, Taxation

Digital Marketing Minute: No More Like Gates

We are pleased to present this inaugural post of the Digital Marketing Minute. Each week will provide a short post on some news in the digital marketing world. This week’s post is about a change on Facebook’s platform that…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Pattern of Functional Dots in Absorbent Pad Functional? It’s a Fact Issue

McAirlaids, Inc. v. Kimberly-Clark Corp. - Addressing whether a pattern of dots embossed on an absorbent pad was functional, the U.S. Court of Appeals for the Fourth Circuit reversed a lower court’s summary judgment in…more
| Communications & Media Law, Intellectual Property

Cert Alert: Is Trademark Tacking a Fact Issue or Legal Issue?

Hana Financial, Inc. v. Hana Bank & Hana Financial Group - In trademark law “tacking” is a practice whereby an applicant for registration can establish an earlier priority date by adding the period of use of an older mark…more
| Civil Procedure, Intellectual Property

Federal Circuit Smokes Cuban Entity on Standing Issue

Empresa Cubana Del Tabaco (d/b/a Cubatabaco) v. General Cigar Co., Inc. - The U. S. Court of Appeals for the Federal Circuit reversed the Trademark Trial and Appeal Board’s (the Board) decision, holding that a Cuban cigar…more
| Civil Procedure, Constitutional Law, Intellectual Property
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