Jonathan Bloom

Weil, Gotshal & Manges LLP

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Appellate Law

Supreme Court Rejects Laches Defense To Timely Copyright Infringement Claim

Introduction Prior to the U.S. Supreme Court’s May 19, 2014 decision in Petrella v. Metro-Goldwyn-Mayer, Inc.[1] the chances of being able to successfully sue Jimmy Page for stealing the opening acoustic guitar line of the classic 1970 song “Stairway to Heaven” would seem...

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Intellectual Property

Newsworthiness Prevails In Second Circuit Fair Use Analysis

On January 27, 2014, the Second Circuit held in Swatch v. Bloomberg[1] that the unauthorized publication of a surreptitiously obtained recording of an earnings call was fair use in view of the factual, newsworthy nature of the information and its lack of independent market value. The case...

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Intellectual Property

Supreme Court To Resolve Circuit Split As To Availability Of Laches Defense To Copyright Infringement Claim

On October 1, 2013, the U.S. Supreme Court granted certiorari in Petrella v. Metro-Goldwyn-Mayer (MGM),[1] which presents the question of whether a laches defense is available to bar all remedies for civil copyright infringement claims brought within the statutory three-year limitations period...

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Department Of Justice Issues Revised News Media Subpoena Policies

Introduction On July 12, 2013, the U.S. Department of Justice (the “Department” or “DOJ”) released a report announcing new guidelines relating to obtaining records or information from the news media. The report came in response to President Obama’s May 2013 request...

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Advertising

Second Circuit Holds Controverted Scientific Article Is Non-Actionable Opinion

Introduction In a decision with implications for litigation over the promotional use of scientific or other technical studies of products or services, the Second Circuit held recently that published scientific conclusions concerning matters of legitimate dispute, using a disclosed methodology...

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