Categories
General Litigation

We’re Returning to Normal. But What If I’m Not Ready?

I was a guy in the courthouse halls you wanted to run into. I liked to chat people up; tell a joke or quick war story; ask for and give advice on a case, a judge, etc. As we are coming out of the pandemic with courts returning to live in-person appearances you would think […]

Categories
Intellectual Property Litigation

SCOTUS Saves Google Billions By Finding its Copying of Oracle Software was Fair Use

The copyright case of the century Google v. Oracle has been resolved – in Google’s favor.  The SCOTUS decision was 6-2 with Barrett not voting since she was not on the bench for oral argument. VERY BRIEF AND STRIPPED DOWN VERSION OF FACTS: • 1990 – Sun Microsystems developed Java programming language critical to operation […]

Categories
Intellectual Property Litigation

NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Many States have passed legislation aiming to regulate websites that offer auto-renewal subscriptions or auto-renew purchase plans with mixed success. NY has decided to jump into the fray with an Auto Renewal Law (ARL) that will go in effect on February 1 2021. Key points under the new law: Businesses must generally: Present the material […]

Categories
Entertainment Law Litigation

Joy Reid Loses Libel Suit but Big Loser Will Be Media

Prominent MSNBC anchor Joy Reid lost a big appellate decision that will shape the rules of many cases involving free speech. Fighting this case made no sense and in the end it dealt a large blow to protections long relied upon by the media. Last week, the Second Circuit Court of Appeals reinstated libel claims from […]

Categories
Entertainment Law Litigation

Say What You Want About Lenny Dykstra . . . . I Mean It, NY Ct. Rules You Can’t Defame Him.

The arc of Lenny “Nails” Dykstra’s life is like a roller coaster. Well at least that first part of the rollercoaster where you go up a huge hill, reach the top, and then speedily plummet to the bottom. Lenny’s hit so rock-bottom that recently a NY Judge ruled he is “libel-proof.” That is, his public […]

Categories
Litigation

What Will Jurors Be Like Post-Covid?

Over the last few days or so, I have seen that lawyers, judges and clients alike are starting to wake up out of their covid-comas and are thinking about getting back to normality – whatever that was – heck, let’s just call it the pre-covid days. More courts are scheduling video or phone conferences; lawyers […]

Categories
Copyright Law Intellectual Property Litigation

Custody Battle Looms Over Fearless Girl

State Street Global Advisors Trust Co. (SSGA) , the investment firm behind the “Fearless Girl” statue placed near the New York Stock Exchange, is pursuing legal action against Kristen Visbal, the sculpture’s creator for alleged breach of contract and trademark infringement. SSGA commissioned Visbal to create Fearless Girl allegedly to promote gender fairness and female […]

Categories
Intellectual Property Litigation

Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death

Its the oldest excuse in the middle school playbook: Telling the teacher that you didn’t do your homework because your grandmother or grandfather died. Of course it never worked, and guess what – it doesn’t work in Federal Court either. Attorney Richard Liebowitz has been declared a copyright troll by Federal judges; has been ordered […]

Categories
General Litigation

NYS Bar Issues New Civility Guidelines for Lawyers

Thanks in large part to the proliferation of social media (and, I would argue, the current WH occupant) civility has been going the way of the horse-and-buggy in public discourse. Emails, Tweets, Instagram, etc etc have made it easy and the norm to be rude, offensive and demeaning in a variety of communication platforms. So […]