Skip to main content
January 2015

Exploiting the Innocent But Extremely Useful Trade “Hot News” Review and Update

By Peter J. Caruso II
In its decision, the FlyOnTheWall panel both significantly restricted the applicability of the “hot news” misappropriation tort and cast a shadow of doubt over an accepted Second Circuit test used to determine whether the “hot news” tort is preempted by federal copyright law.