Articles

08.03.17

Ninth Circuit Tosses Deception Challenge to Gerber's Labels

By Jeffrey S. Edelstein, Partner, Advertising, Marketing and MediaThe U.S. Court of Appeals, Ninth Circuit, reinstated the dismissal of most of a challenge to the labels on Gerber’s line of baby food.Natalia Bruton filed suit in 2012, alleging that Gerber Products Co. deceived ...


08.03.17

Copyright Suit Requires Fair Use Analysis

By Jesse M. Brody, Partner, Advertising, Marketing and MediaA fair use analysis is required before a copyright suit against “appropriation artist” Richard Prince can be dismissed, a New York federal court judge decided this week, declining to grant a quick win.The dispute is ...


08.01.17

The Brooklyn DA Race and the Weight of Ken Thompson's Legacy

The most intriguing and consequential primary in New York City this year will be the Democratic race for district attorney in Brooklyn. This primary will almost inevitably become a referendum on the reform measures put in place by the late Ken Thompson, who passed away last year.   In 2013, ...


07.31.17

Spotlight on the False Claims Act

By John F. Libby, Partner, Corporate Investigations and White Collar Defense | Jacqueline C. Wolff, Partner, Corporate Investigations and White Collar Defense | Kenneth B. Julian, Partner, LitigationWhy it matters: Since our last newsletter, the DOJ has announced numerous resolutions under the ...


07.27.17

Photographer's Copyright Suit Gets Mixed Results

A New York federal court judge handed a photographer a mixed result when it dismissed her copyright infringement claim but allowed her Digital Millennium Copyright Act (DMCA) allegations to move forward in a dispute that began on Instagram.Photojournalist Matilde Gattoni, based in Italy, ...


07.21.17

Does Dodd-Frank Protect Internal Whistleblowers?

Why it mattersThe Supreme Court has agreed to answer the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act provides protections to whistleblowers who file their reports internally and not with the Securities and Exchange Commission (SEC), a question that has split ...


07.20.17

Native Americans End Trademark Dispute With Redskins

In light of the Supreme Court’s opinion in Matal v. Tam, a group of Native Americans agreed to drop their litigation against the Washington Redskins football team, ending a dispute that has lasted more than two decades.The case began in 1992 when a group of Native Americans brought a ...


07.19.17

Breaking Into the D.C. LIHTC Affordable Housing Market

As demand for affordable housing in Washington, D.C. continues to rise, investors may show increased interest in breaking into the city’s Low Income Housing Tax Credit market. However, investors must comply with D.C.’s Tenant Opportunity to Purchase Act in order to do so, which can ...


07.13.17

Supreme Court: Trademark Disparagement Clause Violates First Amendment

By Michelle A. Cooke, Co-Chair, Intellectual PropertyWhy it matters: On June 19, 2017, the Supreme Court held in Matal v. Tam that Section 2(a) of the Lanham (Trademark) Act—commonly known as the “disparagement clause”—violates the First Amendment.Detailed ...


07.13.17

Ninth Circuit: Federal Copyright Pre-empts California Publicity Right

By Michelle A. Cooke, Co-Chair, Intellectual PropertyWhy it matters: On April 5, 2017, the Ninth Circuit ruled in Maloney v. T3 Media Inc. that federal copyright law pre-empted the state law right of publicity claims of two former NCAA student athletes who had argued that ...