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Jake Wunsch

Tracy Chapman accepted a Rule 68 offer of judgment from Nicki Minaj, in a copyright infringement suit alleging that Minaj copied and distributed Chapman’s song Baby Can I Hold You without a license.

Jan 2021

Lessons from the Nicki Minaj Copyright Judgment

Tracy Chapman accepted a Rule 68 offer of judgment from Nicki Minaj, in a copyright infringement suit alleging that Minaj copied and distributed Chapman’s song Baby Can I Hold You without a license.

Jan 2021

CASE Act Signed, Sealed, and Delivered – Copyright Small Claims Court Coming Soon

The latest amendment to the Copyright Act of 1976 creates a long-awaited new home for the litigation of lower-value copyright cases.

Jan 2021

Exporting the Sullivan Case…to Belgium

An amicus curiae brief invites the European Court to consider how the U.S. Supreme Court resolved an issue as to whether a public official who is neither named nor identified in public criticism of government has standing in litigation to punish the authors of the criticism.

Jan 2021

UK Court Denies U.S. Request to Extradite Julian Assange

According to UK experts, the United States faces an uphill battle on appeal because the Court’s findings of fact regarding Assange’s mental health are unlikely to be reversed.

Jan 2021

First Circuit: Secret Recordings of Police in Public Spaces Protected by First Amendment

In a pair of cases, the First Circuit held that the Commonwealth could not prohibit the secret recording of police officers carrying out their official duties in public places because such recording is a form of newsgathering activity protected by the First Amendment.

Jan 2021

New York Anti-SLAPP Law Applies Retroactively to Sarah Palin’s Lawsuit Against The New York Times

Judge Rakoff granted a motion for reconsideration by The Times and James Bennet, holding that one provision of the new anti-SLAPP law requires Palin to establish actual malice as a matter of state law.

Jan 2021

Nevada Fair Report Privilege Does Not Apply to Citizen Complaints to Police, Absent Some Official Government Action

The Nevada Supreme Court reverses the district court’s dismissal of a defamation claim by billionaire, Republican activist, and casino magnate Steve Wynn against the Associated Press and its reporter.

Jan 2021

New York Times Wins Dismissal of Libel Suit by Anti-Immigration Writer Peter Brimelow

SDNY Judge dismissed the case in December after finding that many of the statements at issue were non-actionable opinion or not ‘of and concerning’ Brimelow, and that Brimelow could not plausibly show actual malice as to any of the claims.

Dec 2020

Judge in George Floyd Prosecutions Allows Cameras in the Courtroom

Finding that an overflow room is no substitute for in-person attendance, the judge overseeing the prosecutions of the four men charged in the death of George Floyd recently ordered that “[a]udio and video recording, broadcasting and streaming will be allowed” of the trial.

Dec 2020

Emily Bazelon on the Coney Barrett Confirmation Hearings, the First Amendment and Disinformation, and Election Chaos

An edited transcription of a conversation with journalist, book author, legal scholar and podcaster Emily Bazelon.