Media & Entertainment

Expert Analysis

• False Ad Considerations In The Time Of COVID-19

  

  Companies in the travel, entertainment and hospitality sectors, among others, can and should address coronavirus concerns in their marketing, but they need to ensure they are not making representations they cannot support, say Mike Rounds and Alissa Gardenswartz at Brownstein Hyatt.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• 2nd Circ. Dismissal Affirms The Limits Of Civil RICO Claims

  

  The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• Led Zeppelin Ruling Is Already Affecting Copyright Litigation

  

  The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.

• How COVID-19 Will Affect DOJ’s White Collar Enforcement

  

  To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.

• Festival Case May Be Preview Of COVID-19 Consumer Suits

  

  A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

• Ways Lawyers Can Support The Most Vulnerable Right Now

  

  In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

• Opinion

  Congress Must Bolster Bias Remedies After Comcast Ruling

  

  The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.

• Confronting The Challenges Of Virtual Mediation

  

  Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

• COVID-19 Claims Reach Entire Insurance Coverage Spectrum

  Excerpt from Lexis Practice Advisor

  

  COVID-19's impact on public health and business is triggering a barrage of insurance claims across virtually all traditional coverage areas, with each type of policy featuring unique weaknesses, says LexisNexis insurance consultant Karen Yotis.

• Opinion

  COVID-19 Stimulus Not Enough To Revitalize Alcohol Industry

  

  The Coronavirus Aid, Relief and Economic Security Act signed into law last week will provide much-needed funds to struggling on-premise alcohol retailers, but without flexibility in alcohol trade practice regulations, relief for the industry will be limited, says Marbet Lewis at Spiritus Law.

• 3 Steps To Building Effective Teams While On Lockdown

  

  When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

• Tokyo Olympics Move May Spark Wave Of Contract Litigation

  

  The postponement of the 2020 Tokyo Olympics due to COVID-19 will likely lead to numerous contract claims from and against advertisers, sponsors, travelers, entertainers, service and technology providers, and other entities, say attorneys at Crowell & Moring.