News & Analysis as of

Young Lawyers First Amendment

Esquire Deposition Solutions, LLC

AI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within

“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The...more

Allen Matkins

On Hearing That The Students Of Yale Law School Have Joined the Agitation Against A Civil Liberties Debate

Allen Matkins on

On Monday, March 21, 2022, The Wall Street Journal editorialized on the following email penned by Senior Judge Laurence Silberman of the Court of Appeals for the D.C. Circuit...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

Littler on

The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

2017-18 Supreme Court Update

In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more

Cooley LLP

Alert: US Appeals Court Strikes Ban on Registering ‘Immoral’ or ‘Scandalous’ Trademarks

Cooley LLP on

In a much-anticipated and yet unsurprising outcome, the US Court of Appeals for the Federal Circuit on December 15 struck the law barring registration of "immoral" or "scandalous" trademarks as unconstitutional in violation...more

McNees Wallace & Nurick LLC

McNees 2016 In Review – Trademarks, Copyrights and Patents

The year 2016 saw interesting and diverse developments in trademark, copyright, trade secret, and patent law. Not only has intellectual property news been in the headlines, but these areas have made it to the Supreme Court....more

Robinson+Cole RLUIPA Defense

Ninth Circuit Rejects Hawaii Cannabis Ministry’s RFRA Challenge

The U.S. Court of Appeals for the Ninth Circuit recently upheld the convictions of two ministers of the Hawaii Cannabis Ministry who admitted using and distributing large quantities of cannabis in accordance with their...more

Brooks Pierce

Pitfalls in Managing Online Reputations

Brooks Pierce on

Whether you represent sports stars and high-profile entertainers, or hometown doctors, architects, and restaurateurs, you have almost certainly gotten calls in the past several years asking for your help in dealing with...more

Foley Hoag LLP - Making Your Mark

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of...more

Kelley Drye & Warren LLP

Straight Outta the Central District: The First Amendment Shields Straight Outta Compton Filmmakers from Misappropriation of...

The filmmakers of 2015’s Straight Outta Compton, the biopic chronicling the career of hip-hop sensation N.W.A., scored a key victory in the Central District of California last Wednesday in the case of Heller v. NBCUniversal,...more

Dorsey & Whitney LLP

Trademark Wars: Fox’s “Empire” Strikes Back

Dorsey & Whitney LLP on

In another episode involving the First Amendment and the Lanham Act, Twentieth Century Fox’s “Empire” notched a win for the First Amendment. In Twentieth Century Fox Television, et al. v. Empire Distribution Inc. the United...more

Hinshaw & Culbertson LLP

The Deadly 4-4 SCOTUS Split: What Happens in the Wake of Justice Scalia's Death

With the Supreme Court coming out of recess today, the practical implications of Justice Scalia's death will become more apparent. Justice Scalia's death last week has a tremendous impact on the upcoming sessions of the...more

Foley Hoag LLP - Trademark, Copyright &...

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So...more

Skadden, Arps, Slate, Meagher & Flom LLP

"2015-16 Supreme Court Update"

In its current term, the U.S. Supreme Court is once again poised to address a range of disputes relevant to businesses. These include significant constitutional issues, class action practice and other procedural matters, and...more

Dorsey & Whitney LLP

Federal Circuit Holds Lanham Act’s Bar on Registering “Disparaging Marks” Violates the First Amendment

Dorsey & Whitney LLP on

The U.S. Court of Appeals for the Federal Circuit has just gone where no other court has gone before. In a tour-de-force judicial opinion, the Court emphatically held that a small sliver of the Lanham Act—the “disparaging...more

Pillsbury - Internet & Social Media Law Blog

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

Kelley Drye & Warren LLP

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

Foley Hoag LLP - Trademark, Copyright &...

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

Foley Hoag LLP - Trademark, Copyright &...

Political Speech, Trademarks And The Definition of “Goods or Services”

Last month witnessed the resolution of two trademark infringement cases involving the relationship between political activities and the definition of “goods or services.” On May 18, 2015, State Senator Steve Hershey gave up...more

Kelley Drye & Warren LLP

Instagram for Sale: Artist Richard Prince’s New Portraits Sparks Controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince’s exhibit New Portraits, which first debuted at the Gagosian Gallery on September 19, 2014 and was reborn with...more

Davis Wright Tremaine LLP

Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897...more

Holland & Knight LLP

Federal Court Strikes Florida Lawyer Advertising Rules

Holland & Knight LLP on

Finding that "naked paternalism" will not justify "protecting the public from truthful information," a Florida federal court held that two Florida Bar rules restricting attorney advertising violate the First Amendment to the...more

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