News & Analysis as of

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

The Evolving World of Privacy and Data Security Covered at Nossaman-UCI Cyber Symposium

On October 12, Nossaman and UC Irvine hosted their first annual cyber symposium at the Los Angeles City Club. The event brought experts together to discuss a variety of critical issues in the worlds of privacy and data...more

Sony will pay up to $4.5M to settle data breach case with employees and up to $3.49 in attorneys’ fees for plaintiffs’ attorneys

Sony Pictures (Sony) agreed on Monday (October 19, 2015) to pay at least $2M and up to $4.5M to employees whose personal information was breached and posted online during the massive hack that hit Sony in 2014....more

Keeping the Data-Breach Headlines In Perspective

From the Sony Pictures settlement, to the Ashley Madison debacle, data breaches are making big headlines of late. And when it comes to one case in particular — the data breach at luxury retailer Neiman Marcus (Remijas v....more

Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

Mainbrace: October 2015, No. 4

As with the world economy, the shipping markets are currently experiencing a major bout of volatility. The wide range of matters we are handling in our maritime law practice certainly reflects the current swings the shipping...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

9th Circuit Holds No Private Right of Action for Data Retention Violation Under the Video Privacy Protection Act

The decision further aligns the circuit courts in holding that the private right of action is limited to the Act’s prohibition on unauthorized disclosures only. A recent attempt to expand the breadth of the private right...more

Cybersecurity: How Much is Enough?

The year 2015 may go down in history as the year of the hacker. Though not a new phenomenon, high profile hack-related stories have managed to capture headlines almost every month of 2015. On the eve of the New Year, the...more

Sony Announces Settlement In Data Breach Lawsuit

Lawyers for former employees of Sony Pictures Entertainment (“SPE”) indicated in a September 2, 2015 filing that they have tentatively reached a settlement with SPE in the class action suit resulting from the data breach...more

That is SO last week - September 2015

Labor Day was the backdrop for a big announcement from President Obama. Beginning in 2017, federal contractors must grant paid sick leave to employees. The new Executive Order requires contractors to provide one hour of...more

Sony: Stipulation Announces (but does not disclose) Employee Data Breach Class Settlement

This Is The End? - Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach...more

Legal Insights on the Ashley Madison Hack: Part I

Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more

Sony’s “Lens-Style Camera” Trademark: Shuttered by the PTO?

Here’s another fascinating pending application for the file of non-traditional product configuration marks — this time, an application from Sony for the configuration of an all-in-one lens/camera...more

Neiman Case a Harbinger For Data Breach Cases? Not So Fast

Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or...more

Sony Data Breach Class Action Survives Motion to Dismiss Suit

As previously reported upon by PK Law, Michael Corona and eight other individuals (“Plaintiffs”) filed a class action on March 2, 2015 against Sony Pictures Entertainment, Inc. (“Sony”). (U.S. District Court, Central District...more

Navigating Patent Damages Part III: Statutory Indemnification – Implied Warranty Against Infringement

In this third article relating to patent damages, we explore the effects of implied indemnification provisions when evaluating who is responsible for litigation costs when faced with an infringement suit....more

Cybersecurity Update - July 2015

Employees are the front line of your information security defense. While technological protections are essential (for example, anti- virus software, firewalls, spam filters, etc.), none are as effective as a vigilant end...more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

US District Court in California Grants Sony Partial Dismissal in Data Breach Class Action

The United States District Court in California recently issued a decision granting in part and denying in part a motion to dismiss in the class action lawsuit brought against Sony Pictures Entertainment, Inc. (“Sony”),...more

Music Streaming Rights Are Included in ASCAP’s Licenses - American Society of Composers, Authors and Publishers et al. v. Pandora...

The U. S. Court of Appeals for the Second Circuit affirmed a district court ruling that composers and music publishers cannot partially withdraw from the American Society of Composers, Authors and Publishers (ASCAP) licensing...more

Seeking Clarity on SEC Disclosure Obligations Related to Cybersecurity

In response to increasing pressure to update its existing disclosure guidance regarding cybersecurity risks and cyber-incidents, the U.S. Securities and Exchange Commission (the “SEC”) is widely expected to overhaul its...more

Redundancy in China: Regulations and our practices

Redundancy has not been defined in any law or regulation in China so far. Article 41 of The Employment Contract Law of the People’s Republic of China provides the following sole and exhaustive four situations where employers...more

Cybersecurity Coverage Litigation: Learning to Survive After the Second Wave Hits

It’s a familiar pattern. First, new risks inspire legislation and regulations that impose new penalties. Next, insurers and policyholders fight over whether the new liabilities are covered under traditional liability...more

Broadcast Music, Inc. v. Pandora Media, Inc. - USDC, S.D. New York, May 28, 2015

After five-week bench trial, district court holds BMI's proposed license fee of 2.5 percent of Pandora's gross revenue was reasonable, using Pandora's 2013 direct licenses with Sony/ATV and Universal Music Publishing as...more

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