Features
<b><i>Online Extra</b></i> YouTube to Offer Posters Legal Support to Defend Fair Use of Videos
In a sign that YouTube may be willing to push back against indiscriminate allegations of copyright infringement, the company announced it will offer legal support, including covering court costs, to protect some videos on its site that it believes meet the standard of 'fair use' under copyright law but have been challenged with takedown notices.
Features
<b><i>Online Extra:</b></i> Google Pushes the Bounds of Fair Use ' and Wins
The U.S. Court of Appeals for the Second Circuit's decision in The Authors Guild v. Google ' a case that, the court said, "tests the boundaries of fair use" ' held that a Google database including millions of books was protected by fair use.
Features
<b><i>Online Extra:</b></i> FanDuel and DraftKings Hit with About 40 Class Actions
FanDuel Inc. and DraftKings Inc. are facing about 40 class actions claiming that the online daily fantasy sport sites fraudulently enticed customers into participating in illegal gambling.
<b><i>Online Extra:</b></i> Cartoon Network Not Liable for Using Video Gamer's Likeness
A federal judge in Trenton has dismissed a suit filed against The Cartoon Network by a video gamer who was parodied on one of the network's programs.
Columns & Departments
Movers & Shakers
A Collection of Moves in the Cybersecurity and Privacy Practice Areas
Features
<b><i>Online Extra</b></i> Anthem Fires Back at Data Breach Suit
Anthem Inc., the nation's second largest health insurer, has taken its first swing at narrowing litigation stemming from a major data breach affecting about 80 million customers.
<b><i>Online Extra:</b></i> Facebook Wins Appeal Over Social Ads
Facebook Inc. won an appeal on Oct. 30 over the company's use of minors' names and likenesses in its "social ads" program.
Features
<b><i>Online Extra:</b></i> Sony Settles Suit Over Hacked Data
Sony Pictures Entertainment Inc. will pay up to $8 million, including $3.5 million in attorney fees, to settle claims tied to the infamous 2014 hacking scandal, according to proposed terms filed last month in the U.S. District Court for the Central District of California.
<b><i>Online Extra:</b></i> Cyber Attacks Demand Rapid Response, ACC Panel Says
Be ready and act fast. That's the advice a panel on cybersecurity attacks at the Association of Corporate Counsel's annual meeting last month told in-house lawyers.
Features
<b><i>Online Extra:</b></i> California Leads the Way in Digital Privacy
Last month, California Governor Jerry Brown signed a crucial law with groundbreaking implications for privacy, the Internet and free speech. Sacramento's adoption of the California Electronic Communications Privacy Act, also known as CalECPA, makes California the largest state to adopt digital privacy protections including both the content of messages and location data.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›