After \'Stairway,\' Ed Sheeran Judge Largely Bans Gaye Track

Create: 2020-03-26
Update: 2020-03-27
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Citing a high-profile copyright ruling on “Stairway To Heaven,” a Manhattan federal judge says he will likely bar jurors from listening to Marvin Gaye's iconic recorded version of "Let's Get It On” as they decide whether Ed Sheeran infringed the song with his “Thinking Out Loud.”
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Thursday, March 26, 2020 Follow Law360

TOP NEWS

After 'Stairway,' Ed Sheeran Judge Largely Bans Gaye Track

Citing a high-profile copyright ruling on “Stairway To Heaven,” a Manhattan federal judge says he will likely bar jurors from listening to Marvin Gaye's iconic recorded version of "Let's Get It On” as they decide whether Ed Sheeran infringed the song with his “Thinking Out Loud.”

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Loughlin, 'Varsity Blues' Parents Want 'Sham' Case Tossed

Lori Loughlin and other parents caught up in the "Varsity Blues" college admission scandal urged a Massachusetts federal court on Wednesday to throw out the "sham" case against them, saying prosecutors had hidden information that could prove their innocence.

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French Montana Can't Duck Copyright Infringement Suit

Rapper French Montana lost a bid Wednesday to escape a copyright lawsuit over his song "Ain't Worried About Nothin" when an Illinois federal judge ruled that artist's in-state concerts may have subjected him to jurisdiction.

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Infowars Can't Use Free Speech Law To Toss Sandy Hook Suit

Alex Jones and his website Infowars can't use a Texas free speech law to escape a defamation suit related to statements a reporter and Jones made challenging the veracity of a 2017 interview given by the father of a Sandy Hook Elementary mass shooting victim, a Texas appellate court ruled Wednesday.

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Deloitte Must Face Adelphia Collapse Suit In Pennsylvania

Deloitte & Touche LLP will have to face a lawsuit in Pennsylvania state court over the role of its accounting in the collapse of Adelphia Communications Corp. after a panel of Keystone State appellate judges said a lower court had been wrong to let Deloitte out of the case.

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INTELLECTUAL PROPERTY

9th Circ. Clears 'Glee' School In 'Aggressive' Copyright Suit

The Ninth Circuit has rejected a copyright case that claimed the California high school that inspired the television series "Glee" used songs without permission, and the panel punished the school's accuser for its "aggressive litigation strategy."

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PRIVACY & CONSUMER PROTECTION

Entire TCPA Autodialer Ban Should Be Axed, High Court Told

Political groups challenging the constitutionality of the Telephone Consumer Protection Act's blanket ban on autodialed calls to cellphones are urging the U.S. Supreme Court to invalidate the entire litigation-fueling provision, arguing that merely severing an exemption for government-backed debt calls would not cure First Amendment issues.

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Disney Heir Says Judge Violated ADA By Appointing Guardian

A grandchild and heir of the late Walt Disney has contended that a California judge violated a federal disability law by appointing a legal guardian to temporarily manage his financial interests, based on the judge's mistaken belief that the heir may have Down syndrome.

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EMPLOYMENT

3rd Circ. Says Post-Gazette, Teamsters Had No Implied Deal

A Pennsylvania federal judge was wrong to make the Pittsburgh Post-Gazette rehire laid-off union delivery drivers because the newspaper's publisher had properly disavowed the terms of its now-expired contract and repudiated the existence of any "implied" continuations of that deal, a Third Circuit panel ruled Wednesday.

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Verizon Must Face Strike Workers' Overtime Suit In DC

Verizon Communications Inc. hoped to convince a New York federal judge to kill a suit accusing it of stiffing strike replacement workers on overtime pay with its argument that the claims didn't belong in the Empire State, but it was rewarded with a transfer instead.

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Musicians' Pension Trustees Strike $27M Deal In ERISA Suit

The trustees for a union pension fund have agreed to a settlement worth nearly $27 million to wrap up a proposed ERISA class action from musicians who likened the plan's investment strategy to “drunken gamblers chasing losses.”

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Esports Co. Hit With $3M Assault, False Imprisonment Suit

A former employee is suing Allied Esports Entertainment Inc. for assault and battery and false imprisonment, claiming her boss grabbed her and berated her after a last-minute cancellation at an event she’d helped to organize, then fired her while she was on stress leave.

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SECURITIES & WHITE COLLAR

Avenatti Gets 2nd Shot At Pretrial Release Amid Virus Fears

A California federal court on Wednesday invited Michael Avenatti to request that it reconsider an earlier decision denying the embattled attorney's bid for release from custody pending his upcoming embezzlement trial, citing the "evolving nature of the COVID-19 pandemic."

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Poker Site Founder Cops Plea In 9-Year-Old Gambling Case

PokerStars founder Isai Scheinberg pled guilty in Manhattan federal court Wednesday to running an unlawful internet gambling business, nine years after he was charged and after federal prosecutors forced the Isle of Man website to forfeit $547 million.

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TELECOMMUNICATIONS

Pai Praises COVID-19 Connections But Draws Criticism

FCC Chairman Ajit Pai announced Wednesday that broadband providers adhering to his pledge to keep customers connected amid the coronavirus pandemic have topped 500, but his sunny outlook on industry efforts drew criticism as "tone deaf" from the public interest sector.

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White House Unveils Strategy For Securing 5G Equipment

President Donald Trump rolled out a national security strategy for 5G mobile networks this week that promises the U.S. will work closely with allied nations and private companies to promote safer alternatives to equipment from China's Huawei and ZTE.

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TAX

Analysis

Coronavirus Raises Pressure For Tax On Internet Giants

Internet giants like Amazon.com and Facebook face new global pressure for higher digital taxes, with demand for online services from homebound workers causing a boom for them while other industries wilt under the coronavirus impact, opening deep government budget gaps.

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Ill. Justices Decline Review Of Chicago Streaming Tax

The Illinois Supreme Court on Wednesday denied a petition brought by seven Chicago residents seeking to kill the city's 9% amusement tax on streaming services, leaving in place an appellate court's decision that found the tax constitutional.

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BANKRUPTCY

Skadden, Togut Segal OK'd As McClatchy's Ch. 11 Counsel

A New York bankruptcy judge said Wednesday that Skadden Arps Slate Meagher & Flom and Togut Segal & Segal can serve as Chapter 11 counsel to newspaper chain the McClatchy Co. over objections that they were too closely tied to the company.

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EXPERT ANALYSIS

Salvaging Copyright Reform From High Court Pirate Ship Case

Although the U.S. Supreme Court ruled Monday in the Allen v. Cooper shipwreck video case that state governments cannot be sued for copyright infringement, the court signaled that Congress has remedies at its disposal and that all hope is not lost for victims of state-perpetuated infringement, says Pamela Chestek at Chestek Legal.

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​​Coronavirus' Impact On Hospitality Businesses Is Profound

COVID-19 is causing devastating and potentially irreparable damage to the hotel, food and beverage, sports, and related industries — with lawyers in these sectors suffering as well. R.J. O’Hara at Flaherty & O’Hara takes an in-depth look at the ripple effects.

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When Anti-SLAAP And Employment Bias Laws Collide

A recent California state court ruling and a New York legislative proposal highlight for lawmakers, employers and employees the importance of carefully considering the intersection of laws that deter strategic lawsuits against public participation and employment discrimination statutes, say Lisa Coyle and Vincent Licata at Robins Kaplan.

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10 E-Discovery Challenges Caused By COVID-19

The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

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LEGAL INDUSTRY

Analysis

Legal Community Rallies To Soften The Blow Of COVID-19

Amid the rapidly evolving COVID-19 outbreak, the legal community has stepped up to lend financial support and services to colleagues, vulnerable populations, first responders and medical staff. Here, Law360 looks at some of the ways lawyers are helping others during the global crisis.

Read full article »

Q&A

Coping With A Pandemic: Google's Mary Shen O'Carroll

As self-isolation and social distancing become the norm during the COVID-19 pandemic, Law360 is sharing reactions from people around the business and legal community. Today's perspective comes from Mary Shen O'Carroll, director of legal operations at Google and president of the Corporate Legal Operations Consortium.

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ABA Says Gov't Should Declare Legal Workforce 'Essential'

The president of the American Bar Association on Tuesday called for the federal government to deem legal services "essential," so that lawyers are exempt from local shelter-in-place rules that prohibit employees from leaving their homes for work in order to prevent the spread of the coronavirus.

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COVID-19 Relief Bill Would Expand Remote Court Hearings

The U.S. Department of Justice would receive an extra $1 billion and the federal courts would get $7.5 million as well as provisions allowing video or teleconferencing in some criminal hearings as part of the massive coronavirus relief bill, according to a draft of the bipartisan deal reached early Wednesday.

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Delaying Bar Exam Amid COVID-19 Is A Risky Move, Profs Say

With the coronavirus pandemic expected to disrupt the bar exam this summer, U.S. courts and regulators need to act fast to come up with a new way to license lawyers, and simply postponing the exam for later this year isn't going to cut it, according to a group of law professors.

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What Texas Patent Attys Need To Know For Remote Practice

Texas patent judges are working to adapt their pre-coronavirus pandemic courtroom procedures for the virtual world, even if that means conducting hearings with the occasional dog barking in the background or an attorney presenting argument in front of a backdrop designed by their children. Here, they break down what's been working for them.

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Virtual Arraignments Raise Real Concerns In NY Courtroom

New York criminal courts carried out the first virtual arraignments on Wednesday, an unprecedented step in response to the COVID-19 outbreak that was beset with delays and concerns over hard-to-see defendants and protective equipment for remaining courtroom staff.

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Old-School Mass. Courts Ill-Equipped For Pandemic, Attys Say

As Massachusetts state courts grapple with shutdowns and cancellations amid the COVID-19 pandemic, a lack of widespread online filing and limited use of video and phone conferencing could make an already-backlogged docket even worse.

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Miffed Client Alleges Malpractice By Pot-Smoking Attorneys

A man who hired a Southern California law firm to help him acquire a cannabis dispensary license slapped the firm with a legal malpractice suit in California state court Wednesday that claimed the attorneys smoked pot during business meetings and overcharged him for "untimely incompetent legal services."

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Andrus Wagstaff 401(k) Participant Ends Nationwide Fee Suit

Nationwide Life Insurance and a former employee at mass tort firm Andrus Wagstaff PC have agreed to settle her 401(k) suit, six months after a federal judge rejected a bid to certify sweeping classes that would have covered thousands of retirement plans and plan sponsors, according to a Wednesday filing.

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Law Firm Leaders: Herrick Feinstein's Irwin Kishner

Irwin Kishner has served as executive chairman for midsize New York law firm Herrick Feinstein LLP for the last 12 years. Here, Kishner chats with Law360 about his firm’s strategy and goals, and how it is responding to the spread of COVID-19.

Read full article »

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