JONES DAY PRESENTS®: Insurance Implications of the California Consumer Privacy Act
The California Senate recently passed legislation (Senate Bill No. 84) that would require a plaintiff to give a qualified business notice and 120 days to cure an accessibility violation before filing a lawsuit seeking...more
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
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
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
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
[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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more