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So Much Social Media Data, So Little Guidance
December 28, 2010
All of our online social interaction has created mountains of personal information about users that, prior to the advent of social networking, would have been regarded as private and difficult to obtain. The potential usefulness of that data in litigation is obvious. With just a few mouse clicks, litigators can investigate the background and views of opposing parties and key witnesses ' as well as potential jurors. The prevalence of social networking data raises novel issues with respect to the use of this information in litigation.
Upcoming Event
December 28, 2010
Intellectual Property Review ' Updates and Changes from 2010," Portland, OR, Jan. 21, 2011.
Bit Parts
December 28, 2010
Band Members' Royalty Claims Against Survivor Principal Survive Dismissal<br>Insurance Policies Don't Cover Right-of-Publicity Claim<br>Sample Submission Form Blocks Claims over VH1 Reality Show
Counsel Concerns
December 28, 2010
Manatt Phelps Wins Malpractice Suit By Football Players<br>Malicious Prosecution Suit Against Simpson Thacher to Proceed
Cameo Clips
December 28, 2010
RIGHT OF PUBLICITY/EXPERT WITNESSES
DMX Wins Battle over ASCAP for Direct Music Licensing
December 28, 2010
Last July, Muzak competitor DMX and its Weil, Gotshal &amp; Manges lawyers won a licensing fee ruling against Broadcast Music Inc. that had the potential to revolutionize the background music industry. Now the revolution continues: U.S. District Judge Denise Cote of the Southern District of New York has ruled that DMX must pay ASCAP a fee of only $13.74 to license ASCAP music in each of the 95,000 stores, restaurants and other locations that DMX supplies with background music. ASCAP wanted DMX to pay almost $50 per location.
Film Production Deal Ruled Separate from Marital Agreement
December 28, 2010
Billionaire Ronald Perelman has to pay $4.3 million to a film company he formed with his ex-wife, Ellen Barkin, despite Perelman's claim that the actress' breach of the couple's separation agreement relieved him of his financial obligations to the company, the New York Appellate Division, First Department ruled.
Battle Lines Sharply Drawn in Viacom's Appeal of U.S. District Judge's Ruling in YouTube Case
December 28, 2010
Now that the long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit, the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.
e-Commerce Bounces Back Strongly in Third Quarter
December 28, 2010
Are Americans taking to heart the talk of politicians and some private-sector observers that the long-punishing economic and financial crisis that has put businesses into scrapbooks and people on the street is on the wane? The Census Bureau said recently that preliminary estimated U.S. retail e-commerce sales shot up 4% from the second quarter, tallying $41.5 billion.
Supremes' 'No' on Tiffany Review Keeps Status Quo
December 28, 2010
The upshot of the Second Circuit holding ' and the Supreme Court's denial to hear the appeal ' is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales, unless and until a specific instance of fraud was brought to its attention.

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