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Everything MLRC has published, in any publication, since 2017.

recently published
Jun 2024

Texas Court of Appeals Dismisses Claims by Politically Connected Entrepreneur on Statute of Limitations Grounds

Marc Fuller and Maggie Burreson

A Texas court of appeals rejected a telehealth company’s attempt to evade the state’s one-year statute of limitations on defamation claims by relabeling its claims as business disparagement and other torts.

Jun 2024

Federal Court Holds That Copyright Act Preempts X’s Web Scraping Claims

Jeremy Goldman

In a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought against AI platforms, a California federal court recently dismissed a complaint that X Corp. brought against web scraping company Bright Data.

Jun 2024

Supreme Court Provides for Broader Availability of Damages in Copyright Suits

Sean M. Callagy and Bridgette C. Gershoni

The Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that damages are available under the Copyright Act for acts of infringement that predate the initiation of suit by more than three years.

Jun 2024

Court Holds Information, Like Unicorns, Should Be Free: Unicorn Riot and the Minnesota Shield Law

Christopher Proczko

The Minnesota Court of Appeals issued a precedential opinion strengthening the protections of Minnesota’s shield law. The decision is a welcome reinforcement to the media’s protections against third-party subpoenas.

Jun 2024

A Cautionary Tale for Defamation Plaintiffs: Going Back to the Lion’s Den to Retrieve Your Hat

Marlia Saunders and Amelia CausleyTodd

The outcome is hugely significant because it's the first time a court has made a finding about what happened at Parliament House on that night over 5 years ago – and provides long overdue vindication for Brittany Higgins. 

Jun 2024

Campus Protests, Hate Speech & the First Amendment — A Timely Zoom Call Revisited

George Freeman

The call featured four experts making thoughtful and nuanced points, which I thought was worth summarizing here. At the same time, I offer a few thoughts of my own, not necessarily my conclusions, but simply ideas to mull over. 

Jun 2024

Ten Questions to a Media Lawyer

Kate Bolger

DWT partner on her start in the business, memorable cases, firm life post-pandemic, and things to do in New York City.

Jun 2024

AI and Child Safety Lead Discussion at 2024 MLRC Digital Conference

Michael Norwick

Much of the content of this year’s conference encompassed two red hot topics: the uncertainty and quickly evolving issues surrounding generative AI, and the wave of legislation and litigation in the name of child safety.

Jun 2024

New Jersey Supreme Court Upholds Limits on NDAs

Raymond Baldino

The New Jersey Supreme Court clarified the scope of a recently enacted ban on non-disclosure agreements in connection with discrimination, harassment, and retaliation claims.

Jun 2024

Court Dismisses False Light Claim Against New York Magazine Over “The Case of the Fake Sherlock”

Kaitlin Gurney, Chad Bowman, and Isabella Salomão Nascimento

In a decision reaffirming the Third Circuit’s actual malice pleading requirement, a Pennsylvania judge granted Vox’s motion to dismiss a renowned armchair detective’s false light invasion of privacy claim.

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Jun 2024

Newsweek Wins Dismissal on Substantial Truth

Cameron Stracher and Sara Tesoriero

Judge Buchwald held that technical inaccuracies in Newsweek’s reporting about a guilty plea entered by Plaintiff Olivet University did not give rise to a defamation claim where the gist of the allegedly defamatory statement was substantially true.

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Jun 2024

Houston Appeals Court (Finally) Dismisses Defamation Claims Against ProPublica and Houston Chronicle

Reid Pillifant

In its decision, the First District Court of Appeals in Houston found that Defendants’ reporting on the plaintiff’s career as a heart surgeon and the concerns that had been raised about some of his practices and procedures, as well as his failure to follow protocols in clinical trials, was substantially true.

Jun 2024

NRA v. Vullo: The Supreme Court on Government Coercion and the First Amendment

Jeff Hermes

The Supreme Court’s decision in Vullo does not upend the law, instead reaffirming Bantam Books and cautioning lower courts to take a holistic approach to the facts rather than considering discrete factors or actions in isolation.

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May 2024

Ten Questions to a Media Lawyer

Drew Shenkman

CNN lawyer on his start in the business, hiring outside counsel, Atlanta must-sees and more.

May 2024

Top Gun Lawsuit Shot Down

Matt Kristoffersen

The 1983 magazine article “Top Guns” and Paramount Pictures’ recent blockbuster movie Top Gun: Maverick are not substantially similar under copyright law, a California federal judge ruled this month.

May 2024

To Seal or Not to Seal—That is the Question

Mackenzie Arnold

The Fifth Circuit vacated and remanded an order from a district court that unsealed a now-settled case allegedly involving revenge porn because the district court applied the incorrect standard for sealing judicial documents.

May 2024

Ohio Supreme Court Brings Curtain Down On Covid Data

John C. Greiner & Darren W. Ford

In a decision that could have far-reaching implications for Ohioans' right to know, the Court held that the Ohio Department of Health must withhold official cause of death information contained in ODH's Electronic Death Registration System from the public.

May 2024

With the ELVIS Act, Tennessee Shows its Burning Love for Recording Artists

David Zeitlin and Robb Harvey

Tennessee, home to both Music City® (Nashville) and the Blues (Memphis), has taken a swing at regulating generative AI’s potential harm to musicians and recording artists.

May 2024

Louis Farrakhan’s $4.8 Billion Defamation Lawsuit Against Jewish Groups Dismissed

Nathan Siegel and Adam Rich

The court held that Farrakhan failed to plead a defamation claim because the challenged statements were protected opinion, and that he also failed to plead falsity or actual malice.

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May 2024

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Sigmund D. Schutz and Alexandra A. Harriman

UPEPA aims to provide a clear framework for the efficient review and dismissal of SLAPPs.