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
Constitutional Law

In Yet Another 5-4 decision SCOTUS Strikes Down Louisiana’s Restrictive Abortion Law

Its been a heck of a SCOTUS term so far, with key rulings on Gay Rights; DACA and now abortion. This decision today in June Medical Services LLC v. Russo, is a great relief to supporters of women’s reproductive rights. Since the language of this law was nearly identical to the Texas law struck down […]

Categories
Constitutional Law

5-4 SCOTUS Upholds DACA: Admin Had No Right to Terminate Program

Another day, another big loss for the Trump Administration and I would argue another great win for American society. In a 5-4 vote, with Chief Justice John Roberts joining the liberal wing of the Court to form a majority, the Supreme Court blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) […]

Categories
Constitutional Law Employment Law

200 Filipino Nurses Win Human Trafficking Lawsuit Against SentosaCare and its Owners

In a case that is a companion case to my Federal civil rights case, Anilao v. Spota, Judge Nina Gershon, a United States District Court Judge for the Eastern District of NY has issued a 48 page decision, ruling that the owners of the Sentosa group of nursing homes violated the US anti-human-trafficking laws by using […]

Categories
Copyright Law

Miami Sex Club Must pay $892K for Using Women’s Pics Without Permission to Promote Site

So who thought this was a good idea? Miami Velvet is one of a handful of South Florida members-only night clubs for swingers, couples who share partners and can have group sex inside. To promote their website, the company used images of attractive women, clad in bikinis. The women’s pictures were often featured along side […]

Categories
Copyright Law Intellectual Property

Score One for the Little Guy: SDNY says Fla Website Can’t Be Sued in NY Over Photos

My client Signatures4U.com is a Mom and Pop side business operating out of Florida that sells signed sports memorabilia, mostly through its eBay site. Last year it was served with a Federal lawsuit filed in the Southern District of NY over alleged copyright infringement. The basis of the claim is that two sports photographers allege […]

Categories
Copyright Law Entertainment Law Intellectual Property Trademark Law

Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game […]

Categories
Constitutional Law Criminal Law

Coziness Between Bench and Prosecutor’s Office a Continuing Problem

It is often an illusion that all lawyers and clients get the same treatment when standing before the bench in a court of law. The fact is that for a variety of reasons in criminal cases, there is a cozy relationship between the bench and the prosecutors appearing before them. Now before I go any […]

Categories
Copyright Law Litigation

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]