Why Second Circuit Found No Fair Use in 'TVEyes' Case
May 01, 2018
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.
Preserved Farmland Really Is for Farming
May 01, 2018
The Appellate Division, Second Department, recently decided <i>Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature,</i> an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.
De Havilland's Loss in Docudrama Portrayal Suit
May 01, 2018
The California Court of Appeal created some First Amendment breathing room for the creators of docudramas — at the expense of legendary actress Olivia de Havilland — when the court ordered her suit against FX Networks over its Emmy Award-winning miniseries Feud be stricken under California's anti-SLAPP law, even if it did play a little fast-and-loose with de Havilland's character.
Using Financial Metrics to Drive Business Development
May 01, 2018
Growing the top line requires a systematic approach that maximizes your available time and focuses you on the best opportunities. With greater clarity, you can be assertive in the pursuit of your financial objectives. With sustained focus on financial metrics, you stay in control of your book of business.
Vendor Risk Management for Law Firms: 7 Steps to Success
May 01, 2018
Most firms have extensive cybersecurity measures in place, but emerging or unclear regulatory requirements embroil them in a never-ending cycle of evaluation, best-practices review, and implementation. Firms don't just need to have their own systems secured; a responsible firm must also reduce the risk of breach at their third-party vendors. As cloud service providers become commonplace, so too does a firm's responsibility to ensure their vendors are managing risk appropriately.
Challenging Disproportionate Forfeitures
May 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>In <i>Honeycutt v. United States</i>, the Supreme Court rejected the argument that a federal criminal forfeiture statute permits joint and several liability for criminal asset forfeiture judgments, thereby protecting defendants who were only marginally culpable for a larger offense.
