Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Movers and Shakers
Hogan & Hartson Wins MySpace Ruling
Hogan & Hartson LLP reported that it won “a significant victory” for social-networking company MySpace in December when the U.S. Court of Appeals for the Ninth Circuit upheld dismissal by the U.S. District Court for the Central District of California an antitrust case brought by LiveUniverse Inc. against MySpace.
LiveUniverse owns the social-networking Web site vidilife.com. The company, Hogan & Hartson explains in a news release on its Web site, alleged that MySpace violated state and federal antitrust laws by disabling all vidilife.com “links” on myspace.com. Vidilife.com also alleged that myspace.com blocked functionality of vidilife.com's video player on MySpace's Web site.
Hogan & Hartson lawyers won the day arguing the complaint had been dismissed properly because LiveUniverse hadn't alleged sufficiently exclusionary conduct and antitrust injury.
Specifically, the Ninth Circuit found LiveUniverse failed to allege a prior course of dealing between LiveUniverse and MySpace. That meant that LiveUniverse couldn't show MySpace had sacrificed short-term profits for an anticompetitive end.
The court found that LiveUniverse failed to allege antitrust injury because its allegations pertained exclusively to MySpace's actions on
MySpace's own Web site (i.e., disabling vidilife.com links). The Ninth Circuit found that these types of actions neither diminish choices consumers have concerning social-networking sites nor lessen the quality of consumers' experiences on other social-networking Web sites, and so cannot be classified as antitrust injury.
The firm reported that Hogan & Hartson lawyers representing MySpace were from the Washington, DC, and Los Angeles offices, and included partners Rick Stone, Corey Roush and David Singer, as well as associates Logan Breed and Jessica Ellsworth.
e-Discovery Firm's Counsel Wins Case Study Contest
Stacy Jackson, corporate counsel for IE Discovery, a provider of electronic-discovery software, has won first prize in the Equivio Case Study Contest.
The contest honors companies for creating “outstanding value” by deploying its near-duplicate technologies aimed at sorting electronic-discovery documents, according to an IE Discovery news release. Case studies were evaluated on three criteria:
- Impact: Overall impact Equivio software had on the case (50%);
- Interest: Case narrative and appeal to fellow litigators (40%); and
- Size: Approximate number of documents processed with Equivio (10%).
“IE Discovery and its client used our technology to affect not only discovery costs, but also overall litigation strategy, increasing its impact exponentially,” Equivio CEO Amir Milo said in the release. “This deployment provides exceptional value by transcending litigation support and helping improve the chances of success at trial.”
The winning submission tells the story of a government agency that had to review 48,747 produced documents in a few weeks for a hearing. The agency had only four attorneys who could spend a portion of their day reviewing documents, which were received in single-page .TIFF-image format, each with its own control number, rendering traditional duplicate identification technology inadequate for the job.
“By deploying OCR technology and Equivio, we were able to analyze the documents and make them available on our InfoDox platform within 36 hours,” Jackson explains in the news release. “The review team could focus on unique documents and pivot documents, eliminating entire clusters of documents with a single click.”
LiveUniverse owns the social-networking Web site vidilife.com. The company,
Specifically, the Ninth Circuit found LiveUniverse failed to allege a prior course of dealing between LiveUniverse and MySpace. That meant that LiveUniverse couldn't show MySpace had sacrificed short-term profits for an anticompetitive end.
The court found that LiveUniverse failed to allege antitrust injury because its allegations pertained exclusively to MySpace's actions on
MySpace's own Web site (i.e., disabling vidilife.com links). The Ninth Circuit found that these types of actions neither diminish choices consumers have concerning social-networking sites nor lessen the quality of consumers' experiences on other social-networking Web sites, and so cannot be classified as antitrust injury.
The firm reported that
e-Discovery Firm's Counsel Wins Case Study Contest
Stacy Jackson, corporate counsel for IE Discovery, a provider of electronic-discovery software, has won first prize in the Equivio Case Study Contest.
The contest honors companies for creating “outstanding value” by deploying its near-duplicate technologies aimed at sorting electronic-discovery documents, according to an IE Discovery news release. Case studies were evaluated on three criteria:
- Impact: Overall impact Equivio software had on the case (50%);
- Interest: Case narrative and appeal to fellow litigators (40%); and
- Size: Approximate number of documents processed with Equivio (10%).
“IE Discovery and its client used our technology to affect not only discovery costs, but also overall litigation strategy, increasing its impact exponentially,” Equivio CEO Amir Milo said in the release. “This deployment provides exceptional value by transcending litigation support and helping improve the chances of success at trial.”
The winning submission tells the story of a government agency that had to review 48,747 produced documents in a few weeks for a hearing. The agency had only four attorneys who could spend a portion of their day reviewing documents, which were received in single-page .TIFF-image format, each with its own control number, rendering traditional duplicate identification technology inadequate for the job.
“By deploying OCR technology and Equivio, we were able to analyze the documents and make them available on our InfoDox platform within 36 hours,” Jackson explains in the news release. “The review team could focus on unique documents and pivot documents, eliminating entire clusters of documents with a single click.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?