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New York Law Journal

Andy Warhol's 'Prince Series' Works Held To Make Fair Use of Prince Photograph

On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.
11 minute read

New York Law Journal

Investors Claim AT&T Created Fake Streaming Service Accounts to Hide Failure

According to an amended complaint filed last week in Manhattan federal court, AT&T management overreported the number of customers who had signed up for the company's $35-per-month product, leading investors to believe it was well-positioned to compete with cheaper online streaming services such as Netflix and Hulu.
4 minute read

The Recorder

Appellate Court Upholds $900K Damages Award in Case Where Televangelist Blamed Granddaughter for Her Own Rape

The Fourth Appellate District Court of Appeal decided that televangelist Jan Crouch's behavior went beyond "grandmotherly scolding or irascible behavior," as lawyers for the church she co-founded had argued.
4 minute read

Corporate Counsel

Former New York City Media Commissioner Becomes G/O General Counsel

Kai Falkenberg now oversees the company's legal, business and compliance functions. She started her new role earlier this week and is based in New York.
3 minute read

The Recorder

Ninth Circuit Tells John Steinbeck's Family to Stop Litigating the Same Copyright Claims

"This has to end," wrote Ninth Circuit Judge Richard Tallman. "We cannot say it any clearer."
6 minute read

New York Law Journal

Recent Copyright Claims Filed in SDNY Should Be Considered Fair Use

This article argues that when a copyright owner has already been compensated for the first publication, republication by another to report news or by the public figure photographed should qualify for the fair use exception to copyright infringement.
8 minute read

New York Law Journal

Eavesdropping and Spying by Smart TVs and Devices

In his Complex Litigation column, Michael Hoenig discusses a recent spate of developments regarding smart devices and consumer privacy. Privacy lawsuits and regulatory complaints are mushrooming. Corrective measures by manufacturers arguably will strengthen some defenses against claims. Yet, there are scores of millions of Smart TVs and devices sold before the remedial measures were instituted. Will litigation be a promising avenue?
12 minute read

New York Law Journal

Looking Back on the Allen Ginsberg Obscenity Trial 62 Years Later

That we can celebrate the victory of 'Howl' over the censors today was by no means a forgone conclusion when the obscenity charges were brought.
8 minute read

New York Law Journal

New York Times Petitions for En Banc Rehearing of Decision Reviving Palin's Defamation Suit

Attorneys for the Times argued the Aug. 6 opinion from a three-judge Second Circuit panel "misapprehended two bedrock First Amendment principles" concerning allegations of actual malice and protected statements of opinion and said that, if not corrected, the opinion would have the effect of dampening political debate.
3 minute read

The Recorder

Former LA Times’ Columnist Doubles Damages Award to $15.4M in Retrial

A defense counsel effort to reduce a $7.1 million damages award backfired in the jury trial Monday in the age and disability discrimination lawsuit T.J. Simers brought against his former employer, the Los Angeles Times.
3 minute read

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