Loeb & Loeb LLP

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

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

FDA Regulatory and Compliance Monthly Recap — January 2016

OPDP enforcement reaches record low in 2015 as drugmakers face uncertainty in digital marketing - Enforcement by the OPDP has fallen notably since 2010. The decline has been attributed, in part, to the agency's slow…more
| Antitrust & Trade Regulation, Communications & Media Law, Privacy, Intellectual Property, Science, Computers, & Technology

New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,…more
| Civil Rights, Labor & Employment Law, Taxation

It’s all fun and games until someone gets hit with a hefty FTC fine

Two developers of mobile apps for children recently learned an expensive lesson about their legal responsibilities when it comes to protecting children’s privacy. Together, the companies will pay a total of $360,000 in…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Women in sports make a name for themselves in 2015

Was 2015 a seminal year for women in sports? Looking back, it sure seems that way. Female athletes achieved many firsts in 2015, as did other women in areas of sports that are traditionally dominated by men. And perhaps just as…more
| Art, Entertainment, & Sports Law, Civil Rights

Simmons v. Stanberry - USCA, Second Circuit, January 15, 2016

Second Circuit affirms dismissal of infringement suit over hip-hop beat in 50 Cent song "I Get Money" after holding plaintiff's claim constituted dispute over ownership of copyright that was time-barred by Copyright Act's…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

No Harm, No Foul? Defining FTC’s Authority Over Data Security

Given the frequency of high-profile breaches, it’s reasonable for companies and consumers to be not only fearful but also realistic (or some would say fatalistic) about data security. It’s not a question of if a security lapse…more
| Administrative Law, Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Net Working Capital Adjustments in M&A Deals: The Buyer’s Perspective

Working capital is an important measure of a company’s liquidity. Without sufficient working capital, a business will not be able to pay suppliers, employees, landlords and other providers whose goods and services are required…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions

TCA Television Corp. v. McCollum - USDC, S.D. New York, December 17, 2015

District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

In re Simon Shiao Tam - USCA, Federal Circuit, December 22, 2015

In case with potentially far-reaching effects, including on Washington Redskins’ ongoing legal battle to maintain federal trademark registration, Federal Circuit sitting en banc strikes down federal statute that permits denial…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Congress Extends Various Tax Benefits

There has been a long history of various tax benefits being extended for short periods. In many recent years, Congress has enacted provisions late in the year, often in December, to extend various provisions for another year,…more
| Taxation

Counts v. Meriwether USDC, C.D. California, January 5, 2016

District court grants defendants’ motion for summary judgment on copyright infringement claim brought by two screenwriters against creators of Fox sitcom “New Girl,” finding no evidence defendants had access to plaintiffs’…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

FDA Regulatory and Compliance Monthly Recap — December 2015

Pacira secures expanded marketing for painkiller medication as FDA agrees to settle lawsuit, revoke warning letter - The pharmaceutical industry won in its latest bid for more leeway to promote drugs for unapproved uses, as…more
| Business Torts, Consumer Protection, Government Contracting, Health, Science, Computers, & Technology

The Anti-Cookson Clause Revisited: A Useful Tool for Lien Restrictions

In any secured financing, lenders are concerned about their liens being primed. This is of particular concern where the financing permits, as many financings often do, the incurrence of additional secured debt by the borrower or…more
| Commercial Law & Contracts, Finance & Banking
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