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Public Information Act: Trade Secret Loophole Threatens Government Transparency

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

BuzzFeed Faces $11 Million in Defamation Suit by British News Agency

BuzzFeed, the popular independent digital media company, was hit with an $11 million defamation suit in January 2016 by journalist Michael Leidig and Central European News (“CEN”). Leidig and CEN are demanding more than...more

Presidents and the Press

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...more

Undersecretary Nelotsky is Alive and Well!

In the landmark misappropriation case International News Service v. Associated Press, 248 U.S. 215 (1918), the Supreme Court identified a quasi-property right created by the investment of effort and money in an intangible...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Bring in the TV Cameras: NLRB and D.C. Circuit Find Employees Airing Grievance in Media is Protected Activity

An employee goes on television and maligns his bosses for a new company policy with half-truths—and his bosses fire him for disloyalty. Sounds justified, right? Wrong. A National Labor Relations Board (NLRB) decision...more

Employment Law Navigator – Week in Review: June 2016 #2

Last week, the National LGBTQ Task Force and the District of Columbia’s Office of Human Rights issued a new report entitled Valuing Transgender Applicants & Employees: A Best Practices Guide for Employers. This follows the...more

California’s Correction Statute Amended to Protect Online and Weekly Publications

The California Legislature recently amended Civil Code § 48a to make clear that California’s correction statute applies to weekly and online publications performing the same news-disseminating function as a daily newspaper,...more

China Contemplates New Regulations to Tighten Its Grip on Internet News

On Jan. 11, 2016, the Cyberspace Administration of China (the “CAC”) issued an announcement to solicit public comments on a draft amendment to the Administrative Rules on Internet News Information Service (the “Draft...more

Alert: Videos On A Newspaper Website Could Fall Under The Audiovisual Media Services Directive – Europe's Top Court

The Court of Justice of the European Union (‘CJEU') judgment last month in New Media Online GmbH v Bundeskommunikationssenat, Case C-347/14, has potentially significant implications for any news organisations hosting...more

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

California’s Correction Statute Amended to Protect Online and Weekly Publications

On Sept. 28, 2015, the California Governor approved and the Secretary of State chaptered AB 998, by which the California Legislature amended Section 48a to unequivocally declare that the correction statute applies to weekly...more

Globe Retrospectives on Demise of Olympic Bid Reach Opposite Conclusions

If you're the one deciding the contents of a newspaper, you get to have it both ways. Case in point: two recent Boston Globe pieces on the ill-fated attempt to bring the Olympic Games to Boston in 2024....more

Oh, the Humanity. Why Real, Live Editors are Making a Comeback

I’m not sure where they—or we, I suppose—went off to, but the consensus seems to be that, as Julia Greenberg wrote in Wired, “humans are making a comeback.” The headline on that article, “LinkedIn Brings Back Human...more

Forget Uber for a Moment. The Real Danger on the Road (and Elsewhere) May Be Remote Controlled Hijacking

Technology only imagined a decade ago is everywhere. It’s in our hands, on our laps, and on our desks. But it can also be found in our buildings and, increasingly, in and on our transportation infrastructure. Think wireless...more

Delfi AS vs. Estonia: Online news services may be liable for their readers' comments

News websites can now be held responsible for the content of user-generated comments, under a landmark judgment of the European Court of Human Rights (the ECHR)....more

Georgia Trial Court Limits the Protection of Georgia's Anti-SLAPP Statute

A recent opinion from the DeKalb County State Court, currently certified for appeal with the Supreme Court of Georgia, included a reminder that the protections afforded by Georgia's anti-SLAPP statute have limits. Georgia's...more

An Outlook on the Future of Journalism from the Nieman Journalism Lab at Harvard

With the landscape of modern journalism rapidly changing, what does the future look like? With new technology and the internet impacting the way that journalists do their jobs and downward financial pressures consistently...more

Texas Web Publishers Earn Novel Protection Against Stale Lawsuits

In a case of first impression for a state appellate court, a Texas broadcaster was protected against a stale libel suit arising from a news report posted to the Internet. ...more

Bob Latham Speaks: Experienced Journalists Needed

It has been said that everyone likes to make fun of lawyers – until they need one. The same might be said for another group of oft-criticized professionals: journalists. And in a world where information is available from so...more

Want to Disrupt the News? Focus on Quality and Context

“Disruption” is a thrilling word at our company. Through daily conversations with our clients and the constant digestion of news, we see that traditional industries are being challenged and changed by new companies with...more

Think Ahead to Maximize Media Opportunities

One of the most powerful ways to maximize strategic media placements is so simple, it’s hiding in plain sight. Still, very few businesses invest the small amount of time needed to lead the news cycle and drive coverage, as...more

Journalism still struggling with an Internet that never forgets

When an editor or news director selects a story as newsworthy and appropriate for publication at a particular place and time, should that story remain readily accessible at all times and in all places?...more

Five Ways to Become a Reporter’s Expert Source

Lawyers often ask how they can get quoted in news stories, or be quoted more often. They intrinsically understand the value of being a commentary source and many are naturally adept at serving as sources. It’s their job,...more

Release of Earnings Call Audio Recording Qualifies As Fair Use News Reporting - The Swatch Group Management Services Ltd. v....

The U.S. Court of Appeals for the Second Circuit has concluded that when a copyrighted work itself is considered to be news, dissemination of that work for public information purposes can be regarded as news reporting and...more

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