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in this issue
Ten Questions to a Media Lawyer: Steve Mandell
Steven P. Mandell is a partner at Mandell Menkes LLC in Chicago. 1. How’d you get into media law? What was your first job? It has been a progression and hopefully an inspiration for anyone who feels like they are stuck in an area of law they don’t love. I started my career in 1982…
Judge Refuses to Seal Bulk of Documents in High Profile Kidnapping Trial Defendant Argued Online Publicity Required Sealing
By Jennifer A. Mansfield On February 2, 2018, Florida Circuit Judge Marianne L. Aho issued a written ruling denying a request to seal most of the documents produced by the State to a defendant being prosecuted for kidnapping, and granted closure for only a handful of the 1,000+ pages of documents the defendant sought to…
CNN Request Spurs Court to Unseal Clinton-Starr Grand Jury Documents
By Drew Shenkman Documents from Ken Starr’s 1998 grand jury inquiry into President Clinton’s relationship with White House intern Monica Lewinsky have been unsealed in response to a request from CNN. The request also uncovered that, through an unexpected series of oversights from the clerk’s office, prosecutors, and the court, many of the dockets and…
Actor’s Right of Publicity Lawsuit Over Simpsons Character Fails
To Be ‘Simpsonized” Is to Be Transformed A California Court of Appeal panel affirmed dismissal of an actor’s right of publicity lawsuit over the alleged use of his likeness to create a character in the cartoon show The Simpsons. Sivero v. Twentieth Century Fox Film Corporation, No. B266469 (Cal. App. Feb. 13, 2018) (unpublished) (Bensinger,…
Court Halts War of the Experts Arising Out of ABA Judges’ Journal Article
Dismisses Defamation, False Light and Related Unfair Competition Claims with Prejudice By Steven P. Mandell, Stephen J. Rosenfeld and Danielle N. Twait The American Bar Association publishes The Judges’ Journal, a quarterly compilation of articles written by practitioners in various fields of study of interest to the judiciary. The Journal’s Summer 2015 issue focused on…
West Virginia Court Dismisses Mine Owner’s Defamation Case Against John Oliver, HBO
A Win for Oliver, HBO, Mr. Nutterbutter, and Free Speech A West Virginia federal district court dismissed a high-profile libel suit brought by coal mine owner Robert Murray against comedian John Oliver and HBO. Marshall County Coal et al. v. Oliver et al., No. 17-C-124 (W.Va. Cir. Feb. 23, 2018). At issue was a segment…
Court Awards $6.75 Million to Graffiti Artists Under VARA
By Naomi Sosner In a dramatic denouement to what is now known as the 5Pointz litigation, last month a federal judge in Brooklyn awarded twenty-one graffiti artists—or aerosol artists, the term used by the court—a combined $6.75 million. Cohen v. G & M Realty L.P., No. 13-cv-05612, 15-cv-3230, 2018 U.S. Dist. LEXIS 22662 (E.D.N.Y. Feb….
New York Federal District Court Rules Embedded Images Can Be Infringing
Goldman v. Breitbart: The Background and Decision By Ken Norwick On July 14, 2016, I received a call from a young man looking for a copyright lawyer. (By coincidence, he got my name through a lawyer who eventually represented one of the defendants in the case to be discussed below.) He said that on July…
From the Executive Director’s Desk: Does the Trump Effect Extend to Jury Verdicts? Consultants to Weigh In
And a Lovely Speech on the Collegiality and Uniqueness of the Media Bar By George Freeman The “Trump effect” on many aspects of our country’s life has been hotly debated, but a general consensus exists on his effect on the media and the First Amendment. Most of us say, with some relief, that his actual…
MediaLawLetter February 2018
Download Publication MLRC From the Executive Director’s Desk: Does the Trump Effect Extend to Jury Verdicts? Consultants to Weigh InAnd a Lovely Speech on the Collegiality and Uniqueness of the Media Bar Ten Questions to a Media Lawyer: Steve Mandell INTELLECTUAL PROPERTY S.D.N.Y.: New York Federal District Court Rules Embedded Images Can Be InfringingGoldman v….