Media & Entertainment

Expert Analysis

• Opinion

  Facebook Is Not An Illegal Monopoly

  

  A close look at Facebook’s evolving privacy policies reveals no evidence of exclusionary conduct — a requirement under U.S. antitrust laws for culpability — contrary to a recently published law review article's argument, says Kristen Limarzi of Gibson Dunn.

• ABA Rules For Departing Attys Set Unprecedented Limits

  

  Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

• Parsing A Unique Int'l Class Of Goods Via Ivanka Trump's TMs

  

  Recent questions raised about Ivanka Trump’s voting machine trademarks in China illustrate a basic difference in the American trademark system, as well as an unusual international class of goods that requires a unique filing strategy, says Jane Shay Wald of Irell.

• Why Justices Declined Review Of Scientist's Defamation Case

  

  The U.S. Supreme Court's recent certiorari denial allowing climate scientist Michael Mann’s defamation case to proceed against the Competitive Enterprise Institute and others was solidly grounded in precedent, since the defendants' statements against Mann could reasonably be viewed as relying on facts, says Phillip Zisook of Schoenberg Finkel.

• Legal Lessons From Esports Sponsorship Deals

  

  Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

• Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

  

  Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

• 3 Concerns If Your Witness Becomes Flippant At Deposition

  

  In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

• Managing Money Laundering Risk In The Art Trade

  

  The Office of Foreign Assets Control's recent declaration that a Lebanese art dealer's gallery was used to conceal Hezbollah financing is a reminder to the art community of the need for strict compliance with U.S. criminal anti-money laundering laws, say Nicole Horowitz and Brendan Hanifin of Ropes & Gray.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• Tribune Ruling Charts Course For Bankruptcy Safe Harbor

  

  In upholding the dismissal of fraudulent conveyance claims against former shareholders of the bankrupt Tribune Company, the Second Circuit may have laid out a path for parties looking to stay within a crucial Bankruptcy Code safe harbor provision, say attorneys at Cadwalader.

• Proving Printed Publication As Prior Art In IPR Proceedings

  

  Recent decisions from the Patent Trial and Appeal Board show that petitioners in inter partes review proceedings must attend to evidence of public availability in establishing that proffered documents qualify as printed publication prior art, say Paul Ragusa and Daniel Rabinowitz of Baker Botts.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• To Improve Instagram Copyright Issues, Look To Music World

  

  The music industry may offer a model for adapting the copyright law landscape to new concerns from photographers and other content creators engendered by Instagram’s wide-reaching platform, including a more seamless and accessible registration process, says Qian Julie Wang of Robins Kaplan.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.