Media & Entertainment

Expert Analysis

• Jay-Z Case Offers A Lens To View Evolving Right Of Publicity

  

  Headed to trial in California federal court, Jay-Z's lawsuit against photographer Jonathan Mannion illustrates how the right of publicity must evolve alongside societal and technological advancements as the concepts of privacy and publicity are continually redefined, says Erin Huntington at Nixon Peabody.

• Rebuttal

  ABA Is Defending Profession's Values From Monied Influences

  

  A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

• How In-House Counsel Can Better Manage Litigation Exposure

  

  In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

• Practical E-Discovery Lessons From The Alex Jones Case

  

  The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

• Opinion

  Mar-A-Lago And The Inherent Problems With DOJ Filter Teams

  

  A Florida federal court's decision to appoint a special master to screen the documents seized from former President Donald Trump's Mar-a-Lago estate for privilege is not an outcome normally seen in white collar practice, but it is a welcome change as there are three significant problems with government filter teams, say Jack Sharman and Mary Parrish McCracken at Lightfoot Franklin.

• FTC Challenge to Meta VR Deal Could Restrict Tech M&A

  

  The Federal Trade Commission faces notable risks in bringing its recent suit to prevent Meta's proposed acquisition of virtual reality fitness app maker Within Unlimited, and — if victorious — it could have a chilling effect on Big Tech M&A; activity going forward by constraining the decisions of larger established incumbents, say attorneys at Fenwick.

• Tracking The Global Move Toward Tighter Mergers Scrutiny

  

  The recent merger control case of Vivendi and Lagardère in France is indicative of a global trend of competition authorities applying stricter standards to concentrations and pursuing an increasingly aggressive enforcement agenda, particularly in the media sector, says Jérémie Marthan at White & Case.

• Celebrity NFTs May Raise Deceptive Advertising Issues

  

  The watchdog organization Truth in Advertising sent warning letters to more than a dozen celebrities last month over allegedly deceptive advertising practices in NFT endorsements, as the Federal Trade Commission focuses on educating — rather than reprimanding — brands and influencers, say Amy Mudge and Lauren Bass at BakerHostetler.

• The Perils Of Russian Doll Copyright Infringement

  

  Graffiti artist OG Slick's federal lawsuit against game maker Top Trumps USA illustrates the risks of a copyright within another copyright, and businesses should be advised on the risks of incorporating potentially infringing material in the background of photos or videos, says William Honaker at Dickinson Wright.

• The Ethical Risks For Lawyers Accepting Payments In Crypto

  

  Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

• Envisioning Metaverse-Based Litigation In The Real World

  

  Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

• What Del. Justices' Insolvency Ruling Means For Corps.

  

  The Delaware Supreme Court’s recent decision in Stream TV v. SeeCubic — that there is no common law insolvency exception to a section of the state’s corporation laws — lacks a clear provision, which means corporations should consider how much power to confer to their boards without a shareholder vote, says Deborah Reperowitz at Stradley Ronon.

• Opinion

  ABA Stance On Role Of Nonlawyers Is Too Black And White

  

  The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

• How D&O Insurers Can Limit Bankruptcy Exclusion Risks

  

  Amid challenging economic conditions, directors and officers underwriters can't always rely on insolvency exclusions to protect against insured's bankruptcy claims, but there are ways to limit risk exposure, like by adding creditor exclusions or sublimiting coverage, say Kristine Christ at Crum & Forster, and Scott Schechter and Joshua DiLena at Kaufman Borgeest.

• Harnessing The Power Of Big Data In Litigation

  

  The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.