Media & Entertainment

Expert Analysis

• 3 Attorney Ethics Considerations For Litigation Funding

  

  The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

• How ABA Opinion Shifts Alternative Biz Structure Landscape

  

  A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

• UK Focus On Int'l Data Transfers Shows Appetite For Reform

  

  Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

• Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

  

  As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

• Texas Tax Talk: Alarming Redefinition Of Nontaxable Services

  

  In a concerning trend following two rulings from the Texas Comptroller, taxpayers in a variety of industries are facing audits that attempt to reclassify traditionally nontaxable service agreements as taxable equipment rentals, thereby unexpectedly increasing businesses' sales tax exposure, say attorneys at Baker Botts.

• Series

  Embracing ESG: HPE Counsel Talk Effective Board Oversight

  

  Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

• Bankruptcy Courts' Equitable Discretion May Be In Danger

  

  The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

• Opinion

  Justice Gap Demands Look At New Legal Service Models

  

  Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

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  Embracing ESG: Leidos GC Talks Social Responsibility

  

  Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

• ERISA Ruling Reveals Big-Picture Health Benefit Issues

  

  While a California federal court’s recent ruling in Asner v. SAG-AFTRA Health Fund concerned fiduciary duty claims under the Employee Retirement Income Security Act, a closer look at the details raises broad questions about retirees’ rights to lifetime health benefits and the staying power of employer-sponsored health care, says Mark DeBofsky at DeBofsky Sherman.

• Brow-Raising TM Case Could Reshape Influencer Contracts

  

  If the Petunia Products v. Rodan & Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss.

• Gaming IP Dispute Is Instructive For Cos. On PTAB Litigation

  

  A closer look at the Patent Trial and Appeal Board's denial of most of the 36 petitions game maker Supercell filed against Gree reveals that companies should promptly file challenges, provide specific analysis on the necessity of institution, and address all claim limitations, say attorneys at Sheppard Mullin.

• Lessons In Crisis Lawyering 20 Years After 9/11

  

  Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

• What 9th Circ.'s Tinder Ruling Means For Class Settlements

  

  The Ninth Circuit's recent opinion in Kim v. Allison, rejecting a precertification settlement of class claims that Tinder committed age discrimination, offers important insights for class action litigants and counsel on that court's shift toward increasingly stringent scrutiny of such settlements, say attorneys at McGuireWoods.

• Online Video Game Cos. Must Prepare For China Data Law

  

  China's new data regulation law, which goes into effect on Nov. 1, will pose complex compliance challenges particularly for online video game companies because of its extraterritorial application and rules on processing the personal information of minors, says Jacob Harding at Winston & Strawn.