7 notable GCs in the news
General counsel sound off about television, tobacco, Twitter and more
July 20, 2012 at 08:22 AM
6 minute read
The original version of this story was published on Law.com
“Regardless of the venue, we look forward to proceeding with this case. Dish will stand behind consumers and their right to skip commercials, something they have been doing since the invention of the remote control.”
–R. Stanton Dodge, general counsel of Dish Network
CBS, NBC and Fox have struck a blow to Dish Network in a scuffle over the latter's Hopper digital video recorder (DVR), which allows TV viewers to record the primetime lineups of major networks and then automatically watch them without commercials. On July 10, a Manhattan judge declined Dish's request for declaratory relief, along with its attempts to have all of the charges tried in New York. Instead, most breach of contract claims will be heard in the Big Apple (Fox's claims are headed to California), with most of the copyright infringement charges moving to Los Angeles (except ABC's, which will remain in New York).*
*An earlier version of this article stated that all breach of contract claims would remain in New York, with all infringement charges headed to Los Angeles. We have since updated the story for accuracy.
“This suit has always been about who has the authority to regulate the content of cigarette warnings. That is a power reserved to the federal government without interference or additional efforts by state and local authorities.”
–Murray Garnick, associate general counsel of Altria Group
Score one for the tobacco companies in the ongoing legal battle over graphic cigarette packaging. Earlier this month, the 2nd Circuit ruled that the New York City Board of Health's attempts to mandate the packaging—which would include images such as blackened lungs and autopsied corpses—are preempted by the 1965 Federal Cigarette Labeling and Advertising Act.
“The court's decision is an important one for all companies who do business with the state, because it makes clear that the state is not above the law.”
–Robert Weber, senior vice president and general counsel of IBM Corp.
Earlier this week an Indiana judge ordered the state's government to pay $52 million to IBM Corp., although he added that “neither party deserve[d] to win” the case. In 2006, IBM won a 10-year, $1.37 billion contract to automate Indiana's welfare system, but Governor Mitch Daniels cancelled the contract less than three years later amid constant service complaints. In his ruling, Judge David Dreyer called the case “a perfect storm of misguided government policy and overzealous corporate ambition,” but ultimately ruled that IBM deserved the payout for equipment and subcontractor fees.
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