MediaLawLetter March 2015

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MLRC

From the Executive Director’s Desk
The Jinx and Sharing Incriminating Evidence with Authorities

MLRC Conference on Hispanic and Latin American Media Law
Lawyers from the Americas Discuss Cross-Border Content and Distribution Challenges

SUPREME COURT

Twenty-Five Years After Milkovich, Supreme Court Separates Fact From Opinion in a Securities Act Case
Court’s Analysis May Be of Interest to Media Attorneys
Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund.

LIBEL & PRIVACY

N.D. Ill.: Court Denies Michael Jordan’s Motion for Summary Judgment on Right of Publicity Claim
Ad Did Not Meet “Commercial Purpose” Prong of Illinois’s “Right of Publicity” Law
Jordan v. Jewel Food Stores

S.D. Fla.: Florida Court Dismisses Libel Suit by Ex-Fugee
Article Non-actionable Expressions of Opinion
Michel v. NYP Holdings, Inc., d/b/a the New York Post

Ga. Super.: Ga. State, Anti-SLAPP Defense Prompts Early Libel Case Dismissal
Case Concerns Physician Disciplined In Cosmetic Surgery Deaths
Dodds v. CBS46 News

8th Cir.: Insurer Had No Duty to Defend Under “Intent to Injure” Exclusion
Court Rules Exclusion “Makes Sense”
Sletten & Brettin Orthodontics, LLC v. Cont’l Cas. Co.

INTELLECTUAL PROPERTY

S.D.N.Y.: Summary Judgment for Oprah in “Own Your Power” Trademark Case
“Own Your Power” Not Protected; No Likelihood of Confusion; Fair Use Applies
Kelly-Brown v. Winfrey

INTERNET

FCC Releases Text of Net Neutrality Order
Judicial Challenges Afoot

2d Cir.: Court Issues First Opinion Construing Immunity Provisions of CDA
Affirms Dismissal of Defamation Action
Ricci v. GoDaddy.com

4th Cir.: Court Affirms Order Setting Aside Default Judgment Against Yelp
Dismisses Libel Complaint Under Section 230 of the CDA
Westlake Legal Grp. v. Yelp, Inc.

ACCESS

Ga.: Doctor Disciplinary Hearing May be Opened to Cameras
Case May Expand Media Access to Quasi-Judicial Proceedings

D.D.C.: The Associated Press Sues U.S. Department Of State
Seeks Clinton State Department Emails
AP v. U.S. Department of State

PRIOR RESTRAINT

S.D. Ohio: No Prior Restraint or Criminal Contempt When Terrorism Suspect Gives Telephone Interview From Jail
Defendant and Lawyer Disagree on Wisdom of Interview
United States of America v. Cornell

4th Cir.: Court Vacates Unconstitutional Sealing and Gag Orders
Right of access to “Documents Submitted in the Course of Trial”
United States v. Blankenship

REPORTERS PRIVILEGE

N.J.: Online Newspaper Defies Subpoena for Videos of Local Board Meeting
Lack of Knowledge at Local Level on Shield Law and First Amendment Basics

INTERNATIONAL

Across the Pond: Updates on UK Media Law
Anonymity, Whistleblowing, Prince Charles and the Black Spider Memos and More