June, 2010

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Copyright Office Issues Letter In Support of Broadcast Performance Royalty - Suggests that Economic Comeback for Radio Makes Royalty More Affordable

Broadcast Law Blog

According to a letter from the Copyright Office that has recently been made public, the economic troubles of broadcasters, which have been used to argue against the imposition of a performance royalty for the use of sound recordings by radio stations , are cyclical and are largely over. Thus, argues the letter, the improvement in the fortunes of radio stations merits a reexamination of whether the Performance Rights Act imposing such a royalty should be adopted.

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Unreported Claims Against Former Lawyers Could Expose Your Firm to Liability

The Paralegal Resource

In Berry & Murphy, P.C. v. Carolina Casualty Insurance Company, 586 F.3d 803 (10th Cir. 2009), a recent malpractice insurance coverage decision, the Tenth Circuit held that there was no coverage under a lawyers’ professional liability policy where a claim against a former shareholder was made prior to the policy period.

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Noncommercial FM Station Fined $12,500 for Sponsorship Acknowledgments That Were Too Commercial

Broadcast Law Blog

Stations that are licensed as " noncommercial educational" stations are prohibited by the FCC from running commercials - seemingly a pretty straightforward prohibition. Yet drawing the line between a prohibited commercial and a permissible sponsorship acknowledgment is sometimes difficult in these days of " enhanced underwriting. " In a recent case , the FCC fined a noncommercial radio station $12,500 for repeatedly airing 4 announcements from sponsors that the Commission fou

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FCC Wastes No Time on Television Spectrum Reallocation

Broadcast Law Blog

The FCC has wasted no time on the television reallocation proposal outlined in its National Broadband Plan, scheduling the first of four working sessions on the issue for two weeks from now. The first session will be held at the FCC on Friday, June 25, 2010 from 3:00 to 6:00 PM. These working sessions are intended to address the technical challenges of the reallocation proposal.

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Trial Prep: What Attorneys Really Want (And How to Deliver It)

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Get ready to uncover what attorneys really need from you when it comes to trial prep in this new webinar! Attorney and law professor, Joe Stephens, J.D., will share proven techniques for anticipating attorney needs, organizing critical documents, and transforming complex information into compelling case presentations. Key Learning Objectives: Organization That Makes Sense 🎯 Learn how to structure and organize case materials in ways that align with how attorneys actually work and think.

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Commissioner Clyburn Suggests TV Channels 5 and 6 Could Be Used For Radio - Will It Happen?

Broadcast Law Blog

In a recent speech before the Community Radio Conference , FCC Commissioner Mignon Clyburn suggested that the proposal to reallocate Channels 5 and 6 for FM radio use had merit and should be considered further. That proposal is already before the FCC, and ripe for decision - so it could theoretically be adopted tomorrow. However, the proposal is not backed by all.

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So Just What is an "Issue Ad" and Why Should I Care?

Broadcast Law Blog

In the last few weeks, I've been asked several times by broadcasters whether an ad should be considered an " issue ad." Usually, the ad in question deals with some sort of faintly controversial issue, and the broadcaster seems torn about how to classify the ad. In many ways, the answer is almost irrelevant as, other than some public file obligations, whether or not an ad is an issue ad has little practical significance.

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July 8 Filing Deadline for Commercial Broadcast Stations Form 323 Ownership Report - Clarifications Issued

Broadcast Law Blog

The long-delayed revised Biennial ownership reports (about which we last wrote here ) for commercial broadcast stations, on the new Form 323 , are due on July 8 , and the FCC is in the process of clarifying what it needs. The Commission just released a Public Notice reminding broadcasters that the report is supposed to be detailing station ownership as of November 1, 2009 (when the reports were originally supposed to be filed).

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David Oxenford Speaks to Vermont Broadcasters - Addresses What to Do When a Station Receives a Complaint about the Truth of a Political Ad

Broadcast Law Blog

On May 27, 2010, David Oxenford spoke to the Vermont Association of Broadcasters annual meeting in Montpelier, updating the broadcasters on Washington events of importance, and discussing the FCC's political broadcasting rules. A copy of Dave's PowerPoint on issues of importance to broadcasters will be posted here soon. Broadcasters may want to refer to Davis Wright Tremaine's Political Broadcasting Guide for a discussion of the political broadcasting issues that may arise in this election seaso

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Comments Due July 12 on Multiple Ownership Notice of Inquiry - And FCC Solicits Bids for Proposed Media Ownership Studies

Broadcast Law Blog

The FCC’s Notice of Inquiry (NOI) on Multiple Ownership has been published in the Federal Register, setting July 12, 2010 as the deadline for comments , with July 26 as the deadline for reply filings. We previously outlined many of the questions asked in the wide-ranging Notice of Inquiry. The questions deal with the entire spectrum of media ownership issues, from asking questions about how the new media landscape changes the considerations given to media ownership restrictions, to inquiri

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Less Stress, More Success: Accounting Best Practices & Processes for 2025

Speaker: Duke Heninger, Partner and Fractional CFO at Ampleo & Creator of CFO System

Are you ready to elevate your accounting processes for 2025? 🚀 Join us for an exclusive webinar led by Duke Heninger, a seasoned fractional CFO and CPA passionate about transforming back-office operations for finance teams. This session will cover critical best practices and process improvements tailored specifically for accounting professionals.

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FCC Suspends Indefinitely the Opportunity to Apply for New Digital Low Power Television Stations in Non-rural Areas

Broadcast Law Blog

As we anticipated, the FCC has suspended indefinitely the opportunity to apply for new, digital low power television (LPTV) stations in non-rural areas, which had been slated to begin on July 26, 2010. Given the FCC's new focus on repacking and reallocating the television spectrum for use by broadband competitors, the Commission's postponement of the filing opportunity is not unexpected.

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FCC Suspends Indefinitely the Opportunity to Apply for New Digital Low Power Television Stations in Non-rural Areas

Broadcast Law Blog

As we anticipated, the FCC has suspended indefinitely the opportunity to apply for new, digital low power television (LPTV) stations in non-rural areas, which had been slated to begin on July 26, 2010. Given the FCC's new focus on repacking and reallocating the television spectrum for use by broadband competitors, the Commission's postponement of the filing opportunity is not unexpected.

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July 8 Filing Deadline for Commercial Broadcast Stations Form 323 Ownership Report - Clarifications Issued

Broadcast Law Blog

The long-delayed revised Biennial ownership reports (about which we last wrote here ) for commercial broadcast stations, on the new Form 323 , are due on July 8 , and the FCC is in the process of clarifying what it needs. The Commission just released a Public Notice reminding broadcasters that the report is supposed to be detailing station ownership as of November 1, 2009 (when the reports were originally supposed to be filed).

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DWT's David Oxenford and Rob Driscoll Present Seminar on The Basics of Music Licensing In Digital Media: Issues to Think About When Using Music in the Digital World, Including In Connection With User Generated Content

Broadcast Law Blog

Davis Wright Tremaine attorneys David Oxenford and Rob Driscoll conducted a seminar - Using Music in Digital Media: Business and Legal Issues - on June 16, 2010 in New York City. The seminar was presented to attorneys from committees of the New York State and New York City bar associations. In the seminar, Dave and Rob discussed the music licensing issues that can arise when music is used in digital media - touching on everything from royalties for the streaming of music by Internet radio statio

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Paralegal Power Move: Your Guide to Getting the Tech Tools That Maximize Your Time

Your time is valuable—and you know the right technology could help you do even more. From document management to client communication, modern tools can transform how you track deadlines, manage cases, and support your legal team. This practical playbook shows you how to: Compare and evaluate technology vendors Understand all costs and ROI potential Build a compelling presentation Handle common objections Pitch your solution like a pro Created by legal technology experts who understand how pivota

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Supreme Court to Decide Important ?eoeInformational Privacy?e Case

The Paralegal Resource

The United States Supreme Court has stepped into the fray in a closely watched case involving the collection of personal information by the National Aeronautics and Space Administration (NASA) from “low risk” contract employees at the California Institute of Technology’s (Caltech) Jet Propulsion Laboratory (JPL). Robert M. Nelson, et al., v.

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Appellate Judge Excludes Damages Theory from Patent Trial

The Paralegal Resource

As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes a break from his appellate duties to preside over trials of patent cases at the district court level. In one such case, he recently issued a decision reminding lawyers, litigants, and expert witnesses that plaintiffs must have a firm evidentiary foundation before submitting a broad damages theory to the jury.

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Do You Have an ESI Strategy Yet? Companies and In-House Counsel Sanctioned for Poor Oversight

The Paralegal Resource

Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strat

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Supreme Court Rules Against Inference of Class Arbitration in "Silent" Contracts

The Paralegal Resource

April 27, 2010, with Justice Samuel Alito writing for the 5-3 majority (Justice Sonia Sotomayor abstained), the U.S. Supreme Court addressed class-action arbitration when the parties' agreement was silent regarding the aggregation of multiple parties' claims. According to the Court, the arbitration panel's imposition of class arbitration – despite the parties' stipulation that they had not reached an agreement on this issue – is "fundamentally at war" with the Federal Arbitra

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Case Study: Maximize Client Compensation by Unlocking the Power of Diminished Value

Your auto accident clients don’t realize that they have lost value in their vehicle because the insurance company covered their repairs and gave them a rental to drive until their vehicle was “brand new.” When they realize that loss in value is when they go to trade or sell their car.

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Major Title Insurance Companies Decline to Issue Creditors' Rights Endorsements

The Paralegal Resource

Many major national title insurance companies have just announced they will no longer provide "creditors' rights" coverage in connection with new policies of title insurance. Therefore, commercial real estate lenders and purchasers will now bear certain insolvency risks that were often covered by title insurance endorsements in the past.

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Avoiding Sanctions Over Duty to Preserve Evidence

The Paralegal Resource

In late 2009 a federal District Court sitting in Orlando, Fla., sent shockwaves through the in-house general counsel world. The case, Swofford v. Eslinger,1 is the first reported case to sanction in-house counsel for spoliation of electronic evidence.

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Patent False-Marking Lawsuits: Could Your Company Be Next?

The Paralegal Resource

If you own U.S. patents and mark your products as patented or patent pending, you could find yourself defending a federal lawsuit. A recent Federal Circuit Court of Appeals decision has opened the floodgates for qui tam plaintiffs to challenge the accuracy and validity of patent marking, requesting to split any statutory damages award with the government—assessed “per article.

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"Business Interruption Claims" and the Recent Gulf of Mexico Oil Spill

The Paralegal Resource

On April 20, 2010, an explosion on the mobile drilling rig Deepwater Horizon occurred some 130 miles southeast of New Orleans, Louisiana. As of May 23, 2010, it is estimated that a minimum of 6 million gallons of crude oil have spilled into the Gulf of Mexico as a result of this incident. However, a growing number of scientists assert that they believe the count is even higher than that troublesome figure.

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Enhance Your Legal Document Translations with The Ultimate Comprehensive Checklist

Are you a paralegal professional aiming to elevate your practice and ensure impeccable translation of every legal document you handle? Cesco’s Legal Document Translation Checklist is your ultimate guide to achieving excellence. Learn how to prepare for translation by identifying your audience and selecting qualified translators. Simplify and review documents to ensure clarity and consistency.

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Supreme Court to Consider Wheather Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements

The Paralegal Resource

On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability of arbitration agreements.

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Supreme Court Clarifies Treatment of Joint Ventures Under Antitrust Law

The Paralegal Resource

The Supreme Court recently released its unanimous opinion in American Needle, Inc. v. National Football League, 560 U.S. (2010), 2010 WL 2025207 (American Needle), its latest foray in the area of competitor collaboration under the antitrust laws (and specifically Section 1 of the Sherman Act, 15 U.S.C. § 1).

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Court Issues Ruling In Firefighter Applicant Disparate Impact Case

The Paralegal Resource

This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964.

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Monkee Business in DC: musicFIRST Capitol Hill Rally Shows that Broadcast Performance Royalty is Still Actively Being Pursued

Broadcast Law Blog

In an email blast that went out this morning, the musicFIRST Coalition , the group organized to pursue a performance royalty on radio broadcasters for the use of music in their over-the-air broadcasts , announced that they would be holding a rally and concert with a member of the 1960s rock band the Monkees, musically backed by three Congressmen. Mickey Dolenz of the Monkees will be backed by a band featuring two Democratic Congressmen and a Republican in a concert to be held in the Capitol Buil

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.