DOCSLIB.ORG

Antitrust Litigation Working Group

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Antitrust Litigation Working Group GLOBAL PRACTICEINTRODUCTION GUIDE UK Definitive global law guides offering comparative analysis from top ranked lawyers ContributingTRENDSLAW AND AND PRACTICE: Editor DEVELOPMENTS: p.p.2 ElizabethDaleContributed Cendali by Morony HausfeldKingZhong & Lun Spalding & LawCo LLP Firm CliffordKirklandThe ‘Law‘Trends &Chance& EllisPractice’& Developments’ LLPLLP sections sectionsprovide easilygive anaccessible overview information of current Antitrusttrendson navigating and developments the legal insystem local legal when markets. conducting Leading business lawyers analysein the particularjurisdiction. trends Leading or provide lawyers a broader explain discussionlocal law ofand key practice developments at key Litigationintransactional the jurisdiction. stages and for crucial aspects of doing business. TRENDS AND DEVELOPMENTS: p.<?> Contributed by Hogan Lovells (CIS) The ‘Trends & Developments’ sections give an overview of current trends and developments in local legal markets. Leading lawyers analyse UK particular trends or provide a broader discussion of key developments Hausfeld & Co LLP in the jurisdiction. chambers.com INTRODUCTION TRENDS AND DEVELOPMENTS Trends and Developments Contributed by Hausfeld & Co LLP Hausfeld & Co LLP is a leading disputes-only specialist nance disputes against Google and other tech giants. Where law firm with offices on both sides of the Atlantic, counting settlement is not possible, we are one of the few claimant about 300 staff. We pioneered competition-damages actions firms with experience in taking cartel damage claims to and, having the largest dedicated competition-damages ac- trial. Our ability to offer flexible engagement structures and tions team in Europe, have been involved in more recover- willingness to share risk, enables clients to pursue claims ies than any other firm. As market leaders, we regularly act with a level of cost risk best suited to their circumstances. for some of the world’s largest organisations in some of the With 11 offices across Europe and the US, we can litigate in most high profile and complex cartels such as Trucks, Air jurisdictions that suit our clients best. Cargo, the Interchange Fees litigation and abuse of domi- Authors Anna Morfey is a solicitor advocate and William Towell is counsel for Hausfeld partner for Hausfeld London. She has London and has considerable experience extensive experience advising on EU/UK in dealing with complex and high-value competition law issues and litigating commercial disputes. His particular focus competition-damages claims across the is on competition damages and corporate English courts, up to the Supreme Court, and technology litigation. His recent and at European level. She has represented household- experience includes the interchange fee litigation, name clients in some of the most high-profile cartel claims involving 13 of the UK’s largest retailers in claims against including bearings, power cables and marine hoses. She is MasterCard and Visa and the truck cartel litigation in the acting for a vertical search engine against Google and is UK and the Netherlands, involving several thousand involved in several investigations of abuse of dominance businesses across the EU. Will regularly publishes articles claims. Anna has published widely both in Europe and the on the latest competition policies and legal developments. US and regularly speaks at competition conferences. She is on the Editorial Board of Global Competition Review and co-chairs the International Bar Association’s antitrust litigation working group. 2 TRENDS AND DEVELOPMENTS INTRODUCTION Collective Proceedings related issues of fact or law: not that the claims are certain One of the undeniable headline-grabbers of the past year, to succeed.” and one that is likely to dominate the competition litigation headlines into 2020, is the development of ‘class actions’ in As regards the commonality requirement, the Court of the UK. Specifically, the opt-out collective actions regime Appeal endorsed the CAT’s adoption of the test set out in the that came into force with the adoption of the Consumer Canadian Supreme Court case of Pro-Sys Consultants Ltd v Rights Act 2015, accompanying Competition Appeal Tribu- Microsoft Corp. but came to the opposite conclusion on the nal (CAT) Rules 2015 and CAT Guide to Proceedings 2015, facts: rejecting the need for a bottom-up approach to quan- heralded expectations of a new era in competition damages tum and instead finding that “there is no requirement… to claims. approach the assessment of an aggregate award through the medium of a calculation of individual loss” and that “pass-on Initial attempts to bring opt-out collective proceedings got to consumers generally satisfies the test of commonality”. Also off to a slow start: only two cases cases (Dorothy Gibson v noteworthy was the Court of Appeal’s finding that “certifi- Pride Mobility Products Limited and Walter Hugh Merricks cation is a continuing process under which a CPO may be CBE v Mastercard Incorporated and others) were brought varied or revoked at any time… The making of a CPO does within the first two years of the new regime, neither of which not therefore prevent the CAT from terminating the collec- passed the ‘certification’ stage in the CAT. However, one of tive proceedings if it subsequently transpires, for example, those – Merricks – is shaping the law on opt-out collective that the proposed representative is unable to access sufficient actions insofar as the test for obtaining a collective proceed- data to enable the experts’ method of calculating the rate of ings order (CPO) is concerned. pass-on to be performed. But a decision of that kind is much more appropriate to be taken once the pleadings, disclosure Merricks is a claim brought by the former Financial Ombuds- and expert evidence are complete and the Court is dealing man, Walter Merricks, on behalf of a group of around 46 mil- with reality rather than conjecture.” As regards distribution lion consumers against Mastercard in relation to interchange of damages, the Court of Appeal held that this was not a mat- fees. The claim, which is valued at around £14 billion, spans a ter to be determined at the certification stage at all. 16-year period (1992-2008) and the putative class is anyone who “purchased goods and/or services from businesses sell- Mastercard has been granted permission to appeal to the ing in the UK that accepted Mastercard cards”. Supreme Court, and a hearing is anticipated in 2020. Whilst it may not therefore be the final word on the certification The CAT refused to certify the claim, essentially for two rea- criteria, the Court of Appeal’s judgment does signal that sons: firstly, the CAT considered there was insufficient evi- the road to certification for future opt-out collective actions dence to determine how individual Masterard users would may be more straightforward than has been seen thus far. If have suffered loss, especially given variances in rates of pass the Supreme Court upholds the Court of Appeal’s findings, on, and therefore the ‘commonality’ requirement was not this could be the breakthrough that lowers the entry level met; and secondly, because of doubts over the manner in to CPO certification and therefore opens the doors to more which any potential damages could ultimately be properly claims of this nature. At the time of writing, five other CPO distributed. applications have been issued with certification pending: two (competing) applications in respect of the trucks cartel; two After some satellite litigation which determined the CAT’s stand-alone claims in respect of alleged abuse of dominance judgment could be appealed, the Court of Appeal allowed by train operating companies; and one in respect of the for- Mr Merricks’ appeal, and remitted the CPO application to eign exchange (Forex) cartel. Subject to the Supreme Court’s the CAT for re-hearing. timing, many of these cases can be expected to proceed over the next twelve months, with further clarity being obtained The Court of Appeal judgment set a relatively low bar in as to how the still-nascent opt-out collective actions regime applying the certification criteria and was expressly critical will work. of the (higher) threshold the CAT applied. As regards the standard of proof appropriate at the certification stage, the The Fast-track Procedure Court of Appeal considered the overarching test should be Competition litigation in the UK can be expensive and time- one of “real prospects of success”, noting that “a certification consuming, involving potentially extensive disclosure, sub- hearing is no different from any other interlocutory assess- stantial witness and expert evidence and often interlocutory ment of the prospects of success in litigation made before hearings on issues such as jurisdiction, and applicable law. the completion of disclosure and the filing of evidence. Its The Air Cargo litigation, for example, was on foot for ten purpose is to enable the CAT to be satisfied that (with the years before the claims settled; and some of the retailers in necessary evidence) the claims are suitable to proceed on early rounds of the interchange litigation are still awaiting a collective basis and that they raise the same, similar or a resolution despite having commenced proceedings as far back as 2012. 3 INTRODUCTION TRENDS AND DEVELOPMENTS The introduction of the Fast-track Procedure (FTP) that also was able to avail itself of the FTP, resulting in a judgment came into force with the adoption of the Consumer Rights against the Law Society and, once that finding of liability had Act 2015, and accompanying CAT Rules 2015 and CAT been made, a successful mediation followed. Guide to Proceedings 2015, was thought by some to be a way of opening up access to damages claims to small and The second was Melanie Meigh (trading as The Prinknash medium-sized enterprises (SMEs), who had tended not to Bird and Deer Park) v Prinknash Abbey Trustees Registered, litigate competition claims, perhaps because of the time and a claim filed in February 2019.
Load more

Recommended publications
  • From Safe Harbor to Choppy Waters: Youtube, the Digital Millennium Copyright Act,And a Much Needed Change of Course
    Vanderbilt Journal of Entertainment & Technology Law Volume 10 Issue 1 Issue 1 - Fall 2007 Article 3 2007 From Safe Harbor to Choppy Waters: YouTube, the Digital Millennium Copyright Act,and a Much Needed Change of Course Lauren B. Patten Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Intellectual Property Law Commons, and the Internet Law Commons Recommended Citation Lauren B. Patten, From Safe Harbor to Choppy Waters: YouTube, the Digital Millennium Copyright Act,and a Much Needed Change of Course, 10 Vanderbilt Journal of Entertainment and Technology Law 179 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol10/iss1/3 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. From Safe Harbor to Choppy Waters: YouTube, the Digital Millennium Copyright Act, and a Much Needed Change of Course ABSTRACT YouTube.com, named Time magazine's "Invention of the Year" for 2006 and widely recognized as the most-visited video site on the Internet, has changed the face of online entertainment. With the site's acquisition by Google in October 2006, the possibilities for YouTube's growth became truly endless. However, there is a darker side to the story of the Internet sensation, one that is grounded in its potential liability for copyright infringement. The issue is that many of the most-viewed and most-popular videos on the site are copyrighted.
    [Show full text]
  • Tulane Journal of Technology and Intellectual Property
    TULANE JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY VOLUME 10 FALL 2007 Increasing Access to Knowledge Through Fair Use—Analyzing the Google Litigation To Unleash Developing Countries Douglas L. Rogers* I. ACCESS TO KNOWLEDGE ...................................................................... 3 II. IN SPITE OF THE COPYING OF COMPLETE WORKS, THE PROVISION OF LIMITED INFORMATION FROM THE GOOGLE DATABASE MAKES THE LIBRARY PROJECT A FAIR USE ........................ 7 A. The Google Library Litigation ................................................... 7 B. Fair Use Is a Crucial Element of the Copyright Balance ........ 11 C. Increasing Access Favors Fair Use ........................................... 21 1. Sony: Time-Shifting Is a Fair Use ................................... 21 2. Campbell: Increasing Access Through Transformative Works Favors Fair Use ........................... 27 3. Summary .......................................................................... 30 D. It Is the End Result that Counts in Determining Fair Use ............................................................................................. 31 1. Fair Use Seeks a Balanced Result ................................... 31 2. Interim Scanning of a Picture and Then Modifying It ...................................................................... 33 a. Kelly v. Arriba Soft Corp. ....................................... 33 b. Bill Graham Archives v. Dorling Kindersley Ltd. ............................................................................ 35 * © 2007
    [Show full text]
  • Parker V. Yahoo!, Inc
    IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GORDON ROY PARKER : CIVIL ACTION : v. : : YAHOO!, INC., et al. : NO. 07-2757 MEMORANDUM AND ORDER McLaughlin, J. September 25, 2008 Plaintiff Gordon Roy Parker (“Parker”), pro se, brings this action against Defendants Yahoo!, Inc. (“Yahoo”) and Microsoft Corporation (“Microsoft”), alleging copyright infringement, breach of contract, and negligence. Before the Court are the defendants’ motions to dismiss. The Court will grant in part and deny in part these motions. I. The Complaint Parker is the author of several registered works including Outfoxing the Foxes and Why Hotties Choose Losers , both which are published online and are freely available from Parker’s website. Defendants Yahoo and Microsoft own and operate widely used internet search engines. Parker alleges that these search engines create and republish unauthorized “cached” copies of his works. That is, when an internet user runs a search on either of the defendants’ search engines, the search results include hyperlinks to archived, or “cached,” copies of the web pages that are responsive to the user’s inquiry. A user may view these search results either by following a hyperlink to the original website or, alternatively, by viewing the “cached” copy that is hosted on the defendants’ computers. Parker concedes in his complaint that the defendants each provide opt-out mechanisms that would prevent his websites from being cached, but that Parker has not made use of them. Parker claims that by making cached copies of his websites available to their users, both Yahoo and Microsoft republish his works in their entirety without his permission.
    [Show full text]
  • Copyright, Safe Harbors, and International Law
    \\server05\productn\N\NDL\84-1\NDL106.txt unknown Seq: 1 10-DEC-08 7:42 OPTING OUT OF THE INTERNET IN THE UNITED STATES AND THE EUROPEAN UNION: COPYRIGHT, SAFE HARBORS, AND INTERNATIONAL LAW Hannibal Travis* INTRODUCTION .................................................. 332 R I. THE DEVELOPMENT OF “WEB 2.0” ......................... 336 R II. COPYRIGHT LAW IN THE UNITED STATES AND THE EUROPEAN UNION ................................................... 339 R A. Exclusive Rights ....................................... 339 R B. Fair Use .............................................. 341 R C. Other Exceptions to Copyright ........................... 342 R III. OPTING OUT OF THE INTERNET IN THE UNITED STATES ..... 343 R A. The Early Cases: Threats of “Unreasonable” Liability....... 343 R B. The “Safe Harbors” of the Digital Millennium Copyright Act 347 R C. An Emerging Consensus That Copyright Holders Must Opt In to the Internet? ..................................... 350 R D. The Shift Toward an Opt-Out Copyright System in the Napster Case ......................................... 354 R E. The Internet Matures: Courts Move to an Opt-Out Copyright System ................................................ 358 R 2008 Hannibal Travis. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision and copyright notice. * Visiting Associate Professor
    [Show full text]
  • Cloud Computing in the Education Setting
    A P R I L 2 0 1 4 CLOUD COMPUTING IN THE EDUCATION SETTING BRIEF TECHNOLOGY POLICY During the 2014 Regular Session, the Senate Committee on Education and Health referred SB 599 to the Joint Commission on Technology and Science for study.1 SB 599 requires each cloud computing service provider that enters into a contract with a local school board to provide services to only process and monitor student data according to the terms of its contract with the local school board. The bill prohibits the providers from using cloud computing services for any secondary purpose, such as developing online behavioral advertising, creating or correcting an individual household profile, selling student data for any commercial purpose, or other similar for-profit activities. Relevant to the issues addressed in SB 599 is a currently-pending federal case in Northern California involving cloud computing privacy standards. The plaintiffs in that case, styled In Re: Google Inc. Gmail Litigation, challenge Google’s operation of its advertising-supported electronic messaging service (Gmail) under state and federal anti-wiretapping laws and seek damages and injunctive relief related to Google’s interception and data-mining of email over a period of several years. This case directly relates to SB 599 because two of the plaintiffs, college students Rob- ert Fread and Rafael Carrillo, used Google Apps for Education cloud productivity tools suite. Google Apps for Education is a tool that Google touts as “[f]ree Web- based email, calendar & documents for collaborative study anytime, anywhere.”2 According to Google, as of October 2012, over 20 million students were relying on Apps for Education for email, calendaring, cloud-based storage, and document cre- ation.
    [Show full text]
  • Judge Rejects Google Book Settlement
    Editor: Henry Reichman, California State University, East Bay Founding Editor: Judith F. Krug (1940–2009) Publisher: Barbara Jones Office for Intellectual Freedom, American Library Association ISSN 0028-9485 May 2011 Vol. LX No. 3 www.ala.org/nif Google’s ambition to create the world’s largest digital library and bookstore has run into the reality of a 300-year-old legal concept: copyright. The company’s plan to digitize every book ever published and make them widely available was derailed March 22 when a federal judge in New York rejected a sweeping $125 million legal settlement the company had worked out with groups representing authors and publishers. The decision threw into legal limbo one of the most ambitious undertakings in Google’s history, and brought into sharp focus concerns about the company’s growing power over information. While the profit potential of the book project is not clear, the effort is one of the pet projects of Larry Page, the Google co-founder who became its chief executive judge rejects in April. The project has wide support inside the company, whose corporate mission is to organize all of the world’s information. Google book “It was very much consistent with Larry’s idealism that all of the world’s information should be made available freely,” said Ken Auletta, the author of Googled: The End of the World as We Know It. settlement Citing copyright, antitrust and other concerns, Judge Denny Chin said that the settle- ment went too far. He said it would have granted Google a “de facto monopoly” and the right to profit from books without the permission of copyright owners.
    [Show full text]
  • Entertainment, Arts and Sports Law Journal a Publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association
    NYSBA FALL/WINTER 2012 | VOL. 23 | NO. 3 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association IINSIDE:NSIDE: SSOCIALOCIAL MMEDIAEDIA AANDND MMOREORE WWW.NYSBA.ORG/EASL From the NYSBA Book Store Section Members get 20% discount* with coupon code PUB1621N Entertainment Litigation Entertainment Litigation is a thorough exposition of the basics that manages to address in a simple, accessible way the pitfalls and the complexities of the fi eld, so that artists, armed with that knowledge, and their representatives can best minimize the risk of litigation and avoid the courtroom. Written by experts in the fi eld, Entertainment Litigation is the manual for anyone practicing in this fast-paced, ever-changing area of law. Contents 1. Contracts Without 8. The Safe Harbor Provisions of the an Obligation Digital Millennium Copyright Act and “X.”com EDITORS 2. Artist-Manager Conflicts 9. Trademarks for Artists Peter Herbert, Esq. 3. Artist-Dealer Relations: and Entertainers Hinckley, Allen & Snyder LLP Representing the Boston, MA Visual Artist 10. Internet: A Business Owner’s Checklist for Avoiding Web Site Elissa D. Hecker 4. Intellectual Property Overview: Pitfalls Law Offi ce of Elissa D. Hecker Right of Privacy / Publicity Irvington, NY and the Lanham Act 11. Internet Legal Issues PRODUCT INFO AND PRICES 5. Anatomy of a Copyright 12. Litigating Domain 2007 / 232 pp., softbound Infringement Claim Name Disputes PN: 4087 6. Digitalization of 13. Alternative Dispute Resolution Libraries / Google Litigation NYSBA Members $35 Appendices 7. Accrual of Copyright Non-members $55 Infringement Claims $5.95 shipping and handling within the continental U.S.
    [Show full text]
  • Three Years of the Right to Be Forgotten
    Theo Bertram*, Elie Bursztein, Stephanie Caro, Hubert Chao, Rutledge Chin Feman, Peter Fleischer, Albin Gustafsson, Jess Hemerly, Chris Hibbert, Luca Invernizzi, Lanah Kammourieh Donnelly, Jason Ketover, Jay Laefer, Paul Nicholas, Yuan Niu, Harjinder Obhi, David Price, Andrew Strait, Kurt Thomas, and Al Verney Three years of the Right to be Forgotten Abstract: The “Right to be Forgotten” is a privacy rul- RTBF delistings, as exemplified by a letter published ing that enables Europeans to delist certain URLs ap- from 80 academics [19]. Any such transparency requires pearing in search results related to their name. In order striking a balance that also respects the privacy of the to illuminate the effect this ruling has on information individuals involved. access, we conduct a retrospective measurement study In this work, we address the need for greater trans- of 2.4 million URLs that were requested for delisting parency by shedding light on how Europeans use the from Google Search over the last three and a half years. RTBF in practice. Our measurements study covers over We analyze the countries and anonymized parties gen- three years of RTBF delisting requests to Google Search, erating the largest volume of requests; the news, govern- totaling nearly 2.4 million URLs. From this dataset, ment, social media, and directory sites most frequently we provide a detailed analysis of the countries and targeted for delisting; and the prevalence of extraterri- anonymized individuals generating the largest volume torial requests. Our results dramatically increase trans- of requests; the news, government, social media, and di- parency around the Right to be Forgotten and reveal the rectory sites most frequently targeted for delisting; and complexity of weighing personal privacy against pub- the prevalence of extraterritorial requests that cross re- lic interest when resolving multi-party privacy conflicts gional and international boundaries.
    [Show full text]
  • Entertainment, Arts and Sports Law Journal a Publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association
    NYSBA SPRING 2018 | VOL. 29 | NO. 1 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association www.nysba.org/EASL Table of Contents Page Remarks from the Chair .....................................................................................................................................................3 Editor’s Note .......................................................................................................................................................................4 Pro Bono Update .................................................................................................................................................................4 Law Student Initiative Writing Contest ...........................................................................................................................6 The Phil Cowan Memorial/BMI Scholarship Writing Competition ...........................................................................7 NYSBA Guidelines for Obtaining MCLE Credit for Writing .......................................................................................9 Some Bills on the Hill in 2017 ..........................................................................................................................................11 (Cheryl Davis) Sports and Entertainment Immigration: Immigration by the Numbers and Some Recent Developments of Note .................................................................................................................................................14
    [Show full text]
  • The Google Antitrust Lawsuit: Initial Observations
    Legal Sidebar The Google Antitrust Lawsuit: Initial Observations October 23, 2020 On October 20, 2020, the Department of Justice and eleven Republican state attorneys general (hereinafter “DOJ”) filed a long-anticipated antitrust lawsuit against Google, alleging that the tech giant has unlawfully monopolized the markets for general internet search services and search advertising. The complaint follows an investigation of “Big Tech” platforms that the DOJ launched last summer and represents the Department’s most significant antitrust case since the Microsoft litigation that began over twenty years ago. The lawsuit also implicates an area of intense congressional interest: earlier this month, the House Antitrust Subcommittee released a report concluding that major tech companies—including Google—have engaged in exclusionary conduct that violates the antitrust laws. This Legal Sidebar provides an overview of the Justice Department’s allegations and offers initial observations on their relationship to existing antitrust doctrine. Monopolization Doctrine: The Basics Section 2 of the Sherman Antitrust Act makes it unlawful to “monopolize” commerce. But the statute does not define that key term, leaving the courts to flesh out its content. In unpacking this language, the Supreme Court has explained that the mere possession of monopoly power is not illegal. Instead, a firm violates Section 2 only if it has monopoly power and engages in exclusionary conduct to achieve, maintain, or enhance that power. An antitrust plaintiff typically establishes that a defendant has monopoly power by showing that it has a dominant market share that is likely to be durable. This process requires parties to define the scope of the market in which the defendant operates—that is, the denominator in the market-share fraction.
    [Show full text]
  • Content Regulation in the Digital Age Submission to the United Nations Human Rights Council Special Rapporteur for Freedom of Expression June 2018
    Content Regulation in the Digital Age Submission to the United Nations Human Rights Council Special Rapporteur for Freedom of Expression June 2018 Submitted by: WITNESS Contact: Dia Kayyali, Program Manager, tech + advocacy [email protected] WITNESS is a civil society organization that focuses on the use of video and technology to document and act on human rights abuses. Our headquarters are in New York City, but we have staff and partners all over the world. We collaborate with human rights defenders to share knowledge about how to safely, ethically, and effectively produce and utilize their own video, as well as archive and organize video created by others. Driven by our understanding of what is happening on the ground, we use our relationship with the tech world to enable greater freedom of expression and make existing tools and policies work better for human rights defenders and all users. Summary: Today, the decisions made by technology companies like Facebook and YouTube/Google ​ are affecting users’ freedom of expression as much–if not more than–legislation and judicial decisions on. Content regulation has severely affected the ability of human rights defenders to share critical information, with little to no accountability as to how it occurs. We submit that companies must make a commitment to adhere to international human rights standards, including freedom of expression, even when it affects their financial bottom line or requires them to affirmatively defend attacks on rights by States. *** Introduction: Despite sustained efforts by many civil society groups, content regulation, and in ​ particular content removal, by major social media platforms remains an incredibly opaque process.
    [Show full text]
  • Entertainment, Arts and Sports Law Journal a Publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association
    NYSBA SPRING 2012 | VOL. 23 | NO. 1 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association Inside • Pro Sports Diversity • Celebrity Tweeting • Use of Art Images in Gallery and Auction Catalogues • Courts’ View of “Borrowing” • Racial Discrimination in Theatrical Casting • EASL Annual Meeting Program Transcript • Venue Safety and Security • Major League Soccer and the Single Entity Defense • The Premier League Decision and the Future of Sports Broadcast Licensing • Online Sports Betting • The FTC’s Green Guidelines • Social Networking • Salvaging Titanic WWW.NYSBA.ORG/EASL NEW YORK STATE BAR ASSOCIATION Section Members From the NYSBA Book Store > get 20% discount* with coupon code PUB1402N Counseling Content Providers in the Digital Age A Handbook for Lawyers For as long as there have been printing presses, there have been accusations of libel, invasion of privacy, intellectual property infringements and a variety of other torts. Now that much of the content reaching the public is distributed over the Internet, television (including cable and satellite), radio and fi lm as well as in print, the fi eld of pre-publication review has become more complicated and more important. Counseling Content Providers in the Digital Age provides an overview of the issues content reviewers face repeatedly. EDITORS Counseling Content Providers in the Digital Age was written Kathleen Conkey, Esq. and edited by experienced media law attorneys from California Elissa D. Hecker, Esq. and New York. This book is invaluable to anyone entering the fi eld Pamela C. Jones, Esq. of pre-publication review as well as anyone responsible for vetting PRODUCT INFO AND PRICES the content of their client’s or their fi rm’s Web site.
    [Show full text]