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NY High Court Sees Right of Publicity Claim in Avatars but Rules Against Celebrity Plaintiffs
May 01, 2018
<i><b>Legislature Considers Publicity Law Update</b></i><p>Ruling in a matter of first impression, New York's high court dismissed suits filed by Lindsay Lohan and the daughter of ex-mobster Sammy “The Bull” Gravano against the makers of Grand Theft Auto V, by disagreeing with the plaintiff's claims that characters in the game were intended to be their look-alikes.
Indiana Supreme Court to Decide Fantasy Sports Publicity Rights Issue
May 01, 2018
The Supreme Court of Indiana accepted a certified question from the U.S. Court of Appeals for the Seventh Circuit involving the interpretation of the state's right-of-publicity statute.
Are U.S. Records Retention Requirements on a Collision Course with the GDPR's 'Right to Erasure?'
May 01, 2018
U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR's “right to erasure” while still fulfilling their U.S. records retention obligations?
Why Second Circuit Found No Fair Use in 'TVEyes' Case
May 01, 2018
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.
False Claims and Private Equity: The Government's Increasing Focus on Private Equity Firms in False Claims Act Cases
May 01, 2018
The health care industry continues to hold great potential for private equity (PE) firms, but it also carries with it significant risks and potential exposure to liability. As the pressure to find opportunities has increased, there appears to be a greater appetite for riskier investments including into portfolio companies that experienced or are experiencing compliance challenges.
Preserved Farmland Really Is for Farming
May 01, 2018
The Appellate Division, Second Department, recently decided <i>Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature,</i> an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.
De Havilland's Loss in Docudrama Portrayal Suit
May 01, 2018
The California Court of Appeal created some First Amendment breathing room for the creators of docudramas — at the expense of legendary actress Olivia de Havilland — when the court ordered her suit against FX Networks over its Emmy Award-winning miniseries Feud be stricken under California's anti-SLAPP law, even if it did play a little fast-and-loose with de Havilland's character.
Using Financial Metrics to Drive Business Development
May 01, 2018
Growing the top line requires a systematic approach that maximizes your available time and focuses you on the best opportunities. With greater clarity, you can be assertive in the pursuit of your financial objectives. With sustained focus on financial metrics, you stay in control of your book of business.
Federal Circuit Reinstates Oracle's Copyright Infringement Claims Against Google, Rejecting Fair Use Defense
May 01, 2018
On March 27, 2018, in <i>Oracle America, Inc. v. Google LLC</i>, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle's claim that Google's use of Oracle's open-source Java language code did not constitute “fair use.”
Vendor Risk Management for Law Firms: 7 Steps to Success
May 01, 2018
Most firms have extensive cybersecurity measures in place, but emerging or unclear regulatory requirements embroil them in a never-ending cycle of evaluation, best-practices review, and implementation. Firms don't just need to have their own systems secured; a responsible firm must also reduce the risk of breach at their third-party vendors. As cloud service providers become commonplace, so too does a firm's responsibility to ensure their vendors are managing risk appropriately.

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