MediaLawLetter October 2016
Donald J. Trump Is A Libel Bully, But Also A Libel Loser; “Ballot Selfies:” Photo Ops in the Granite State; Third Circuit’s ‘Bridgegate’ Decision Undermines First Amendment Right to Bill of Particulars; N.Y. Court Quashes Subpoenas for Newsgathering Materials; N.C. Jury Hits News & Observer With $9M Verdict in Public Official Libel Case; N.Y. Court of Appeals Affirms Dismissal of Complaint By Strip Club “Managers” on “Of and Concerning” Grounds; N.J. Super.: Single Publication Rule Applies to Edited Internet Articles; Ill. Judge: Newspaper can be Liable for Printing Records Provided by Government; CJEU: Magazine That Linked to Infringing Photo Can Be Liable; Federal Trade Commission Poised to Hold Brands and Influencers Responsible for Improper Native Advertising
MediaLawLetter September 2016
Plaintiff Loses When It Can’t Prove Damages Under Oklahoma Law; Rolling Stone to Face Defamation Trial Over “Rape on Campus” Article; Misappropriation Claims Over Grand Theft Auto Dismissed on Appeal; Class Action Right of Publicity Suit Against AAVO Dismissed; FAA Waivers Allow for Greater Newsgathering Opportunities with Drones; 9th Cir. Affirms Yelp’s CDA Immunity for a User’s Negative Review; Fla. Judge Erred In Sequestering Reporter Without Prior Notice And Showing Of Relevancy; Nexstar-Media General Merger May Signal New DOJ Approach to Broadcast Television Mergers; In Memorium: Southwest Florida Media Lawyer Steven W. Carta; and more.
MediaLawLetter August 2016
Court Upholds Order Denying Anti-SLAPP Motion In Stock Photograph Defamation by Implication Case; Court Reinstates Libel Suit vs Newspaper Over Stock Photo Illustration; Rolling Stone Article Not “Of and Concerning” Three UVA Frat Members; Arkansas Democrat-Gazette Wins Directed Verdict in Doctor’s Libel Trial; Newspaper Can Sue Photographer and Agency Over Miscaptioned Photo; California Supreme Court Holds Anti-SLAPP Reaches Distinct Claims; Court Dismisses Cosby Appeal as Moot; Ill. AG: Public Employee’s Personal Emails Can Be Public Records; D.C. Circuit Rules Terrorism Victims Can’t Attach Countries’ Internet Domains; Court Quashes Subpoena for Unpublished News Footage; and more.
MediaLawLetter July 2016
Court Sides with Microsoft to Quash Stored Communications Act Warrant; Ninth Circuit Limits Scope of Communications Decency Act Section 230 Protections; The Latest on Network Neutrality; FOIA Follows Agency Chief’s Emails Stored on a Private Server; Unusual 6th Circuit En Banc Split Ends (For Now?) 20 Year Federal FOIA Fight for Mug Shots; Libel Claim Against Blogger Dismissed for Lack of Personal Jurisdiction; Utah Supreme Court Overturns Multi-Million Dollar Verdicts Predicated on Allegedly Injurious Speech Between Business Rivals; 8th Cir. Affirms Summary Judgment for Better Business Bureau
Legal Considerations for U.S. Media Companies Who Send Employees Into "Harm's Way"
An updated outline containing practical tips and guidance to help keep media employees safe whether working in the U.S. or abroad.
Using Trademarks in Expressive Works
An in-depth discussion of the main legal defenses that may enable content creators to avoid the time and expense of establishing that consumer confusion is unlikely under the applicable multi-factor test.
MLRC Bulletin 2016 Issue 2: Legal Frontiers in Digital Media
The Test of Time: Section 230 of the Communications Decency Act Turns 20; The Good, the Bad & the Ugly of Recent CDA Decisions; The Potentially Serious Implications of Federal Court Injunctions that Purport to Bind Non-Party Internet Service Providers in Trademark and Copyright Infringement Actions; Preparing for the EU General Data Protection Regulation; An Overlooked First Amendment Milestone: The Copyright Fight Over the Rodney King Beating Video
MLRC Bulletin 2016 Issue 1: Report on Trials and Damages
MLRC's 2016 Report on Trials and Damages updates our study to include 9 new cases from 2014 and 2015. Our trial database now includes trial and appellate results in 641 cases from 1980-2015.
MediaLawLetter March 2016
The Donald Hogan: One Person, Multiple Personas; The Monthly Daily; Claims Against Backpage Dismissed Under Section 230; Major Victory for Kentucky Newspapers in Access to Records Case; NJ Open Records Law Does Not Extend to Out-of-State Requesters; MLRC Miami Conference; Canadian Court Recognizes Private Facts Tort; Texas Has Personal Jurisdiction Over Mexican Broadcasters; “Dancing Baby” Fair Use Decision and Creates More Confusion; and more