Commentary & Analysis

The O’Bannon decision and the ‘ancillary restraints’ doctrine

From Westlaw Journal Entertainment Industry: In a recent issue of Westlaw Journal Entertainment Industry, attorneys Joel G. Chefitz and Chelsea Black of McDermott Will & Emery discuss why a recent decision holding that student-athletes can be paid for the use of their names, images and likenesses may be incorrect and subject to reversal on appeal.

On Aug. 8, U.S. District Judge Claudia Wilken of the Northern District of California issued her highly anticipated trial ruling in O’Bannon v. National Collegiate Athletic Association.1  The plaintiffs, 20 current and former NCAA Division I football players and men’s basketball players, brought a class action against the NCAA, alleging that its rules violated Section 1 of the Sherman Antitrust Act by prohibiting member schools from compensating student-athletes for the use of their names, images and likenesses in television broadcasts, video games and archival footage.  The court ruled for the plaintiffs following a three-week bench trial, but its injunction limited the impact of the decision on the NCAA’s amateur model.

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Are copyrighted works only by and for humans? The copyright planet of the apes and robots

From Westlaw Journal Intellectual Property:  Mark A. Fischer, a partner at Duane Morris LLP, ponders the possibilities of non-human copyrights.

Why should humans own all the world’s copyrights? The question is prompted by a photograph that’s made worldwide news. In Indonesia, a female crested black macaque monkey picked up a camera owned by photographer David Slater. I won’t focus much on the story of the monkey and her selfie because that topic has already been well-discussed in the media. Yet the story sets the table for more intriguing and ultimately more important issues.

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‘Challenging your beliefs about “information and belief,”‘ by Frederick A. Brodie

 

 

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Frederick A. Brodie

Q&A on software patents and the recent Alice decision

In their recent Westlaw Journal commentary, Software Patents Survive Supreme Court’s Alice Decision, but Questions Linger, Bracewell & Giuliani partners David J. Ball and Douglas F. Stewart discuss the U.S. Supreme Court’s recent decision regarding software patents and “abstract ideas.”

While they say the decision gives less guidance than most practitioners hoped, it nevertheless provides instruction on analyzing patentability.

We sit down and talk with them a bit more about software patents and why they cause so much trouble.

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Is the SEC encouraging unethical whistleblowing by counsel?

By Nick Morgan, Esq., and Haley Greenberg, DLA Piper

From Westlaw Journal Securities Litigation & Regulation: Nick Morgan and Haley Greenberg of DLA Piper discuss how attorneys can receive whistleblower awards from the Securities and Exchange Commission for reporting a public company’s securities law violations, and how that reporting may conflict with state ethics laws.

A complaint filed in June in a Chicago federal court revealed the identities of three people who allegedly claim a portion of the largest ever bounty awarded by the Securities and Exchange Commission under the Dodd-Frank whistleblower program.1  A dispute between two of the three purported whistleblowers over the $14 million bounty announced last October resulted in litigation, shedding unusual light on an issue otherwise shielded from public view.

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Our values in action

One of the key reasons I joined Thomson Reuters after years in investment banking was the company’s focus on its people and the strong support of senior leadership to create an environment where employees can thrive and customers can benefit from the collective knowledge of our employees. This has proven to be true over the past two-and-a-half years I have been here.

As I have seen, Thomson Reuters is committed to delivering on our purpose and values. This is represented through a variety of media, methods and materials. However, what’s really important is how we operate as individuals and as a collective organization every day.

Through corporate responsibility and diversity and inclusion efforts, we aim to empower sustainable growth for our people, our markets and our world. We do this by: (more…)

‘When is it OK to take your ex-spouse off insurance?,’ by Bruce Provda

 

 

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Bruce Provda

Bruce Provda

‘Beyond checking the box: Disaster planning for financial institutions,’ by Doug Langley and Stuart Winn, Preparis Inc.

 

 

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Stuart Winn

Stuart Winn

Doug Langley

Doug Langley

Supreme Court rejects special presumption of prudence for ESOP fiduciaries

By Steven Flores, Esq., Winston & Strawn

From Westlaw Journal Securities: Steve Flores of Winston & Strawn discusses a recent U.S. Supreme Court decision that will impact cases concerning employee stock ownership plans.

In Fifth Third Bancorp. v. Dudenhoeffer, 134 S. Ct. 2459 (June 25, 2014), the U.S. Supreme Court rejected a widely accepted presumption of prudence favoring fiduciaries of qualified retirement plans designed to invest primarily in employer stock through employee stock ownership plans, or ESOPs.  The plaintiffs in this case alleged that in 2007, Fifth Third Bancorp and several officers breached fiduciary duties to the Fifth Third ESOP, because they knew, or should have known, that Fifth Third’s stock was overvalued and excessively risky.

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‘Cyber governance: What every director needs to know,’ by Paul A. Ferrillo, Esq., Weil Gotshal & Manges

 

 

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Paul Ferrillo

Paul Ferrillo