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Art, Entertainment & Sports Civil Procedure

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Dr. Seuss is Drooling Over Court’s Pre-Holiday Ruling

by Dorsey & Whitney LLP on

You know of this lawsuit, we’ve blogged on it twice, It’s time for a check-in, to see who’s naughty and nice. The Plaintiff as you know is the heir of Dr. Seuss, And fussing and fuming about an alleged unfair use....more

SeaWorld Shareholders See Red After World Sees Blackfish

by Carlton Fields on

A California District Court granted certification to a group of SeaWorld investors in a shareholder securities fraud case following the release of the documentary “Blackfish.” ...more

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

Injunction Against Berkshire Museum Sale Is Extended

by Sullivan & Worcester on

The Single Justice of the Massachusetts Appeals Court (Joseph A. Trainor) has extended the injunction against the Berkshire Museum's proposed sale of 40 works of art in its collection until at least January 29, 2018. In its...more

Christie v. NCAA: Will New Jersey’s Bet on Sports Gambling Pay Off?

by Goodwin on

On December 4, 2017, the Supreme Court heard oral argument in the much anticipated case, Christie v. NCAA, in which the Court is considering New Jersey’s bid to permit sports gambling at the state’s casinos and race tracks. A...more

Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of Expressive Works

by Dorsey & Whitney LLP on

On the day after the airing of “Fortune Be Not Crost,” the sixth episode of season four of Fox’s popular show “Empire,” Fox had some good fortune of its own when the Ninth Circuit Court of Appeals affirmed a declaratory...more

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

Summary Judgment For Insurer Leaves Porn Site Unprotected Against Actors’ HIV Claims

by Fox Rothschild LLP on

A federal court on Monday held California’s State Insurance Compensation Fund has no obligation to cover a series of claims from three porn actors against Cybernet for allegedly causing them to contract human immunodeficiency...more

Is it a Privilege to Speak With a PR Consultant? Maybe Not for Kesha!

by Farrell Fritz, P.C. on

So you were just retained on what could become a high-profile case. The stakes are high, and it’s unclear how this will play in the media. The issue may arise based on the parties to the case, the nature of the claims, or...more

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

by Fenwick & West LLP on

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

Demi Lovato, Idina Menzel, and Disney Sued Over Frozen Song “Let It Go”

by Robins Kaplan LLP on

Demi Lovato, Idina Menzel, and Disney are amongst the defendants who were sued over the hit song, “Let It Go,” featured in the popular 2013 Disney film, Frozen....more

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

Famed NYT Cartoonist Illustrates Winning Argument in Breach of Contract Action

by Dorsey & Whitney LLP on

For more than seven decades, the Arts sections of the New York Times featured cartoons by the famous artist Al Hirschfeld, whose works were celebrated for their clean crisp lines, as well as the artist’s penchant for...more

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act in Advisory Verdict

by Dorsey & Whitney LLP on

Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists Rights Act of 1990 (“VARA”) when...more

Second Circuit Holds Section 1782 Discovery Is Available For Use In A Foreign Or International Proceeding Even Where Applicant...

by Carlton Fields on

This case arose out of a dispute between Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, “Bouvier”) and Petitioners-Appellees Accent Delight International Ltd. and Xitrans Finance Ltd. (collectively,...more

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

by Sullivan & Worcester on

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more

October 2017: Entertainment Litigation

New Frontiers in Fan Fiction? Among the most common trends in modern entertainment are “fan art” and “fan fiction.” From movies like Star Wars, to book series like Harry Potter, to epic television shows like Game of Thrones,...more

Defence & Indemnity - October 2017: II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are...more

Assumption of Risk Continues To Be A Reliable Liability Shield For Participants In Recreational Activities

by Selman Breitman LLP on

California courts continue to apply the assumption of risk doctrine at the summary judgment level in decisions that preserve the rights of Californians to participate in recreational activities without the threat of adverse...more

Three Stripes and You're Out: Coach Pitino's Outrage Against Adidas

by Stinson Leonard Street on

The FBI recently charged 10 people, including four college basketball assistant coaches at prominent Division I universities and a head executive at Adidas inter alios, with corruption and bribery crimes for...more

Arbitration Provision TKOs Class Action Lawsuit by Online Viewer of Mayweather/McGregor Fight

Boxing fan Victor Mallh, attempting to take a class action swing at Showtime Networks for failures in its livestream broadcast of the Mayweather/McGregor fight in August of this year, will have to pursue his claim in...more

Appeals Court Stays Sale of Berkshire Museum Paintings

by Sullivan & Worcester on

Attorney General’s Motion, Supported by Private Plaintiffs, is Allowed on the Eve of Auction The Massachusetts Appeals Court has stopped the imminent auction of paintings owned by the Berkshire Museum. Late Friday, a single...more

Massachusetts AG Asks Appeals Court to Halt Monday's Berkshire Museum Sale

by Sullivan & Worcester on

The Massachusetts Attorney General has moved the Appeals Court of Massachusetts for an emergency injunction pending appeal of the November 7, 2017 decision denying the motions by the AG, my clients, and others, seeking to...more

Jay-Z Pleads Court to Remove Him from the Spotlight

by Robins Kaplan LLP on

Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

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