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Apr 2022

Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedIn  

The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.

Apr 2022

New Jersey Supreme Court Rules to Release Police Disciplinary Records  

The Court issued two major unanimous decisions ordering the disclosure of records involving law enforcement misconduct and access to settlement agreements that resolve discipline which reshape the landscape for the state’s Open Public Records Act and common law access.

Apr 2022

The Fight for the Public’s Right to Access Videos of the Landmark Prop 8 Trial Again Moves to the U.S. Supreme Court

More than a decade after the landmark trial that found California’s Proposition 8 unconstitutional, the proposition’s proponents have now asked the U.S. Supreme Court to review a recent Ninth Circuit decision that would finally allow the public to access video recordings of the trial.

Apr 2022

Colorado Court Grants News Anchor’s Anti-SLAPP Motion

In only the second case to date to apply Colorado’s anti-SLAPP Act (passed into law in 2019) to a news outlet, a trial court judge tossed a defamation case against Kyle Clark, the nightly news anchor at KUSA-TV/9News, the TEGNA-owned NBC affiliate in Denver. 

Apr 2022

From the Executive Director’s Desk: The Show Must Go On

MLRC director reflects on the challenges of hosting live gatherings in the midst of a worldwide pandemic.

Mar 2022

Ninth Circuit’s Dark Horse Opinion Clarifies What Music Is Not Protected by Copyright

After almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.

Mar 2022

Minnesota Federal Court Enters Six-Year Permanent Injunction to Stop Abuse of Journalists and Protestors  

The court approved a six-year monitored injunction which prohibits the Minnesota State Patrol from arresting, using projectiles or chemical munitions against, or otherwise targeting journalists, as part of a settlement agreement reached between the plaintiffs and two State of Minnesota law enforcement agencies.

Mar 2022

Kansas Supreme Court Censures Judge for Online Sex Pics

Writing that “Judges should be role models for society,” the Kanas Supreme Court censured recently retired magistrate judge Marty Clark for posting, while still on the bench, nude pictures of himself on an adult sex site.

Mar 2022

New York Appellate Court Affirms Anti-SLAPP Legal Fees to Newspaper

The decision serves to tee up a divide between Appellate Divisions on the issue of retroactivity because the First Department went the other way in Gottwald v Sebert (the “Dr. Luke v Ke$ha” case), holding that the anti-SLAPP amendments should not have retroactive application.

Mar 2022

Second Circuit Affirms Dismissal of The Most Bizarre Lawsuit Involving The Most Gullible Man in Cambridge

The convoluted lawsuit of Harvard Law School Professor Bruce Hay against New York Magazine and its reporter over their 2019 article about his tabloid-ready relationship and legal wrangling with Maria-Pia Shuman and her transgender wife came to a fitting conclusion in March as the Second Circuit affirmed Judge Oetken’s decision denying Hay leave to file…