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Attorney's Fees Statutory Damages

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Vondran Legal

G&G Closed Circuit Events litigation overview

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Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Klein Moynihan Turco LLP

Significant CIPA Eavesdropping Lawsuit Dismissed

On March 15, 2024, a United States District Court for the Southern District of California granted Defendant’s Motion to Dismiss in the matter of Rodriguez v. Ford Motor Company. In her eavesdropping lawsuit, Plaintiff alleged...more

Dunlap Bennett & Ludwig PLLC

Why Copyright Registration Matters

Creative works of expression are likely your most valuable assets if you are a film studio, photographer, software developer, writer, musician, or visual artist. To fully protect against copycats, you need federal copyright...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022: An Open-and-Shut Case for the CCB? It Depends.

Copyright owners now have another venue for enforcing copyrights: the Copyright Claims Board (CCB). Established by the Copyright Alternative in Small-Claims Enforcement Act of 2020 (CASE Act), the CCB aims to provide...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - June 2022

[co-author: Ivy Attenborough, Summer Associate] Thank you for reading the June 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the differences between Copyright Claims Board and federal...more

Dunlap Bennett & Ludwig PLLC

Who’s Really Shady? The Eminem vs. Spotify copyright battle continues in Nashville

In what is becoming an exciting copyright lawsuit season, Federal Judge Jeffrey S. Frensley recently ordered Spotify Chief Executive Officer Daniel Ek to sit for a deposition in the long-running copyright infringement suit...more

Dorsey & Whitney LLP

Judge Rejects Greek Freak’s Shot for Damages

Dorsey & Whitney LLP on

We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Got A Civil Complaint? Just Don’t Get SLAPPed

Your next-door neighbor has a bone to pick with you. Maybe he thinks you have encroached onto his property. Maybe he is mad about a fence you put up on the property line. Maybe he just isn’t in a good mood. Whatever the...more

Carlton Fields

An Unauthorized Bounty: Eleventh Circuit Strikes Named Plaintiff Incentive Payment

Carlton Fields on

This week, an Eleventh Circuit panel, in a 2-1 decision, reversed the approval of an incentive payment to the named plaintiff, calling the payment an unauthorized bounty. The case involved a Telephone Consumer Protection Act...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New Employment Class Action (Part 2) - September 10th, 11:00 am PT

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

McDermott Will & Emery

Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs

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The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more

Ballard Spahr LLP

Facebook BIPA Class Settlement Receives Preliminary Approval

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On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more

McDermott Will & Emery

[Webinar] Background Checks: The Advent of the New California Employment Class Action - July 30th, 11:00 am - 12:15 pm PDT

McDermott Will & Emery on

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more

Jaburg Wilk

Register Your Copyrights Early or Say Goodbye to Statutory Damages and Attorney’s Fees

Jaburg Wilk on

One of the important benefits that come from registering copyrighted works early is the ability to seek statutory damages and attorney’s fees from a copyright infringer in a lawsuit. It is only when copyright owners register...more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

Troutman Pepper

Emerging Issues in Planned Community and Condominium Disputes

Troutman Pepper on

From disagreements over short-term rentals to an infamous Tigger mailbox that elevated a neighborhood dispute all the way to the Commonwealth Court, Pennsylvania has seen a growing trend in litigation involving unit owners’...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

Dorsey & Whitney LLP

Absolute Lowest Possible Statutory Damages Award Ordered for Infringing a Viral and Potentially Lucrative Photo of Trump

Dorsey & Whitney LLP on

You may have heard: infringing a viral photo of the current President of the United States will only cost you $750. Setting aside whether that valuation was at all related to the subject matter of the photo, let’s talk about...more

Womble Bond Dickinson

An Overview of Damages Recoverable Under the Fair Credit Reporting Act

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Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly...more

Womble Bond Dickinson

Attorneys’ fees don’t come easy under FCRA

Womble Bond Dickinson on

FCRA includes a provision for recovery of attorneys fees, but as the defendant in Perri v. Diversified Adjustment Serv. learned, proving bad faith or harassment is not easy. 2018 U.S. Dist. LEXIS 213612 (D. Az. Dec. 19,...more

Burr & Forman

Burr Alert: Fifth Circuit Rejects Consumer’s “Outrageous” FDCPA Attorney’s Fee Request

Burr & Forman on

The Fair Debt Collection Practices Act (“FDCPA”) provides that a consumer is entitled to “reasonable attorney’s fees” as part of a “successful” claim. See 15 U.S.C. § 1692k(a)(3). While courts have found that this provision...more

Womble Bond Dickinson

Damages are no slam dunk in FCRAland

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As basketball season arrives, the United States District Court for the Eastern District of Kentucky reminded us that there is no such thing as a slam dunk when it comes to damages awarded pursuant to a violation of the FCRA....more

Womble Bond Dickinson

FCRA Claims Lead to $27,000 Award . . . to Defendant

Womble Bond Dickinson on

Of FCRA’s many remedy provisions, parties frequently focus their attention on 15 U.S.C. § 1681n(a), which includes provisions that allow plaintiffs to recover actual damages, statutory damages, punitive damages, and...more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

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