Litigation

  • First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events

    Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.

    January 31, 2016Stan Soocher

  • Mobile Data, Social Media, and Modern e-Discovery

    It's easy to see how the Information Age has transformed the world once again. Old ways of doing things are no longer practical, and new guidelines for the way we conduct business are being formed in real-time. Keeping up with this changing landscape is vital in order to survive.

    December 31, 2015Jim Gill

  • Google's Gleaning Of Children's Info Eyed By Third Circuit

    A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.

    December 31, 2015P.J. D'Annunzio

  • Court Watch

    Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request
    Forum Selection Clauses Are Alive and Well

    December 31, 2015Charles G. Miller and Darryl A. Hart

  • Problems with the New Test for Joint-Employer Status

    This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

    December 31, 2015Matthew R. Porio

  • Bit Parts

    Fair Use of Abbott and Costello "Who's on First?" Comedy Routine
    Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity

    December 31, 2015Stan Soocher

  • Does Liability Insurance Cover Fantasy Sports Disputes?

    It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .

    December 31, 2015Lawrence Klein and Aaron F. Mandel

  • 111010001: An Article of Commerce?

    In ClearCorrect Operating, LLC v. ITC, the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.

    December 31, 2015Bryan Kohm and Stefan Szpajda

  • Infringement In The Cloud

    The delivery and discovery of media over the Internet has left the hackers and pirates behind and become part of the licensed distribution chain, just as videotape did. The term "file sharing" is now more likely to describe a multi-billion dollar, cloud-based collaboration platform than a piracy site. And courts are beginning to examine the law of contributory infringement in that complex new context, as U.S. District Judge Andrew Carter did recently in Smith v. BarnesandNoble.com.

    December 31, 2015Stephen M. Kramarsky