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Sirius XM Lawyers' Blunder in Pre-1972 Recordings Case
Soon after swooping in to represent Sirius XM Radio in potentially industry-shaking copyright litigation, O'Melveny & Myers suffered a nasty setback when a judge ruled that newly cited precedent trumpeted by the firm had been overruled 60 years ago.
In a scathing order issued in December, U.S. District Judge Colleen McMahon in the U.S. District Court for the Southern District of New York ruled she hadn't erred when she failed to apply RCA Manufacturing Co. v. Whiteman, 114 F.2d 86 (2d Cir. 1940), in concluding in November that Sirius must pay royalties to broadcast pre-Feb. 15, 1972 sound recordings. “The only clear error in this case is O'Melveny's,” Judge McMahon wrote. She also blasted the law firm for “deliberately missing the point” and “doing nothing but raise red herrings” since making its initial appearance in the case in November. (The order is available online at http://bit.ly/13KkiUJ.)
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