“They Said What?! I’ll Sue!” – Litigating Defamatory Claims – Speaking of Litigation Video Podcast
Impact of Mickey Mouse on public domain. The latest artificial intelligence and intellectual property cases - Thaler lost again. Nirvana Nevermind baby gets day in court. Tolkien estate and more.
(Podcast) The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Roundup of 2023 Entertainment Law Cases: Analysis SAG/AFTRA and WGA contracts, No Parody of Iconic Sneaker, AI Copyright Highlights China vs US law; SCOTUS Bad Spaniel and Warhol/Prince.
(Podcast) The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
The Briefing: SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
Podcast: The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
The Briefing - Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Early Returns Law and Politics with Jan Baran: Bradley Smith – Deregulating Political Speech Through Campaign Finance
What's the Tea in L&E? Government Employers: Is it Free Speech or Just Freely Complaining?
“So Many First Amendment Violations, So Little Time” | Tom Leatherbury | Texas Appellate Law Podcast
JONES DAY PRESENTS®: Section 230: A Springboard to a First Amendment Discussion
SPECIAL EDITION: NEWS + VIEWS + TO DO’S | ERIN HIGGINS, CONN KAVANAUGH
Employment Law Now V-99- Vaccines, Masks, and Other Big Developments
Law Brief ®: Richard Schoenstein and Ian Rosenberg Discuss the Fight for Free Speech
Employment Law Now V-96- LOTS of Big Employment Law Developments
Law School Toolbox Podcast Episode 285: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
Bar Exam Toolbox Podcast Episode 123: Listen and Learn -- First Amendment (Content-Neutral Restrictions)
The First Amendment traditionally offers robust protections for expressive employers, such as those in the entertainment and media industries, allowing them to control casting and messaging. In California, however, these...more
Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more
Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more
Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
On April 18, 2023, Fox News agreed to pay Dominion Voting Systems a staggering $787.5 million to settle a defamation lawsuit. Particularly startling about the settlement is that Dominion was valued at around $51 million as...more
In 2018, the California legislature established a "ministry of truth" within the California Secretary of State's office - the Office of Elections Cybersecurity. By statute, the OEC has a duty “to monitor and counteract false...more
A series of recent and dramatic developments have squarely raised the question of how much latitude the government has under the First Amendment to regulate social media platforms. It will likely not be long before this issue...more
Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more
You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more
On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more
A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more
With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more
Six months into a global pandemic, employers across the United States continue to deal with a series of new economic realities. More employees are working from home, with companies continuing to reevaluate their business...more
A recent federal appeals court decision, Knight First Amendment Institute v. Trump, concluded that action taken by the President through the use of his personal, not just official White House, Twitter account was considered...more
The court concluded its opinion with an observation that at this time in history, “wide-open, robust debate” is the best assurance of good government. The Second Circuit U.S. Court of Appeals ruled last week that public...more
As technology and social media continue to develop, so do legal questions surrounding their use by public entities and employees. On July 9, 2019, the Second Circuit Court of Appeals in Knight First Amendment Institute v....more
The U.S. Court of Appeals for the Second Circuit yesterday became the third federal circuit court to hold that the interactive space of a government official’s social media account is subject to First Amendment strictures. In...more
In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more
The emergence of social media led to profound changes in the way we interact with technology and each other. Every day — often without thinking — we use social media platforms for myriad purposes, including to keep family and...more
None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....more
Online journalists and scholars from the Americas and around the globe recently gathered at the University of Texas at Austin to assess the state of internet-based journalism. The keynote address of the 16th annual...more