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Welcome to HB Media Minute, a podcast series by Haynes and Boone, LLP focused on new legal developments and trends impacting the media and entertainment industry, intellectual property, and open government and First Amendment law.
40 Episodes
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HB Media Minute is moving! This is our final episode on this podcast page. Moving forward, you can find our new episodes at The Legal Landscape. Thank you to all our loyal listeners, and we hope you’ll continue to follow us over at the Legal Landscape!
Today we’re talking about Jack Daniels vs VIP Products or as it could and maybe should be called: Jack Daniels vs a company that makes a whiskey themed chew toy for dogs.While it sounds like a joke, it’s actually a crucially important case that spans a decade where the Supreme Court reversed a 9th circuit decision. Today, Michael lambert who is an Austin-based member of the firm’s intellectual property group is talking to IP Partner Rich Rochford in our New York office.
Today, the head of our Haynes Boone Media and Entertainment Practice Group, Laura Prather, will interview Susan Coughtrie, Co-Founder of the UK Anti-SLAPP Coalition, about the developments in implementing protections against SLAPP suits in the U.K. and how we got here. Laura is an experienced trial and appellate lawyer who has litigated against SLAPPs in courts across the country and has advocated for and been instrumental in the passage of Anti-SLAPP laws throughout the U.S. recently returni...
Today, the head of our Haynes Boone media and entertainment practice group, Laura Prather, will interview Charlie Holt, Founder and Co-Chair of the Coalition Against SLAPPs in Europe about the developments in implementing protections against SLAPP suits in Europe and how we got here. Laura is an experienced trial and appellate lawyer who has litigated against SLAPPs in courts across the country and has advocated for and been instrumental in the passage of Anti-SLAPP laws throughout the U.S., ...
In a copyright case closely watched by content creators, the U.S. Supreme Court held, 7-2, that the first fair use factor—“the purpose and character of the use” —weighed against Andy Warhol’s use of Lynn Goldsmith’s black-and-white photograph of Prince to create a colorful silk-screen illustration of the musician that was later licensed to Vanity Fair without Goldsmith’s consent. Justice Sonia Sotomayor, writing for the majority, first explained that courts analyzing the first fair use factor...
Following a brief hiatus, the HB Media Minute podcast is back, and we’ve got a fun one today. The topic: a review of an Arizona Supreme Court ruling in April that was a big win for free speech. The case had interesting facts — pitting a Republican candidate for U.S. Senate against the host of a radio show in Arizona called The Conservative Circus — and raises important Constitutional issues about the extent to which citizens are free to offer their views of political candidates. Best of ...
In the latest HB Media Minute podcast, Associate Michael Lambert discusses laws in Texas and Florida that impose transparency requirements and limit the ability of social media platforms to moderate certain third-party content. The laws were enacted in response to decisions made to remove posts and de-platform some users, such as former President Donald Trump. Michael will summarize pending cases challenging the constitutionality of the Texas and Florida laws, and analyze how the U.S. Supreme...
In HB Media Minute, we take a look back at the famous defamation trial between movie stars and former spouses Johnny Depp and Amber Heard. The daily coverage of the trial has subsided but there are still many important legal lessons that can be drawn from the case about asserting and defending defamation claims. Haynes Boone Associate Michael Lambert will analyze some of the competing claims in Depp v. Heard, the jury’s verdict, and some of the issues that are likely to be reviewed in an appe...
Fresh off Elon Musk’s purchase of Twitter, the U.S. Supreme Court will hear two cases that could have a huge impact on how social media companies moderate and recommend content on their platforms. On the latest HB Media Minute, Haynes Boone Associate Michael Lambert discusses the two Supreme Court cases, which involve disputes over a federal law that generally protects Internet platforms like Twitter from liability over content posted by users. The federal law, known as Section 230, has attra...
In the latest episode of HB Media Minute, Haynes Boone Partner Ryan Patrick discusses how businesses can use civil enforcement procedures to investigate whether their trademarks and copyrights have been infringed -- and, if they establish an infringement, how they can go about seizing counterfeit products. The former U.S. Attorney for the Southern District of Texas from 2018-2021, Patrick details the prevalence of counterfeiting, the significant costs it imposes on businesses, how civil...
Haynes Boone Associate Michael Lambert appears on HB Media Minute to discuss the media’s increasing use of drones in news coverage and how drone usage might be impacted by a recent federal court ruling that Texas’ restrictive drone law is unconstitutional. Michael explained the Texas law at issue, which imposed civil and criminal penalties for the use of drones for certain purposes, such as to capture images of an individual or privately owned property with “the intent to conduct surveillance...
In the latest HB Media Minute, Theresa Conduah, an Intellectual Property partner in Haynes Boone’s Orange County office, discusses the complex state of the law governing influencer marketing of cannabis products. The podcast starts with a helpful primer on the differences between such common terms as cannabis, CBD, Hemp, THC and cannabinoids; a survey of the current patchwork state of legality of cannabis and CBD products, and then an overview of do’s and don’ts of using celebrities, at...
Haynes Boone Associate Reid Pillifant, a former reporter whose legal practice focuses on media, IP, open government, anti-SLAPP and First Amendment litigation, reviews some of Judge Ketanji Brown Jackson’s previous rulings on FOIA, defamation and free speech issues and analyzes what they might portent about her approach to media law issues as a U.S. Supreme Court justice.
In the latest edition of HB Media Minute, Haynes Boone Associate Michael Lambert revisits a topic explored in an earlier podcast: the First Amendment right to record police activity. Michael explores the issue in the wake of a recent ruling out of the Fifth Circuit Court of Appeals in a case filed by an Austin man who was arrested for videotaping police activities. Michael discusses the civil rights lawsuit filed by the man and the police officer’s defense of qualified immunity. He also previ...
Partner Jason Bloom, Haynes Boone's head of Copyright Practice, and Associate Michael Lambert join moderator Nathan Koppel to discuss a new law that takes effect this spring and will allow a three-member tribunal within the U.S. Copyright Office to hear smaller-dollar copyright infringement claims. It’s a significant development, since federal courts traditionally have had exclusive jurisdiction over copyrights infringement claims. We cover how the new forum -- called the Copyright Claims Boa...
Haynes Boone intellectual property Associate Michael Lambert joins moderator Nathan Koppel to discuss recent developments impacting the public’s right to view and access police operations and courtroom proceedings. We cover the impact of the George Floyd murder and COVID-19 on transparency and public access to governmental operations; police body cameras, and audio recording of U.S. Supreme Court hearings, among other topics. Michael Lambert is an associate in the Austin office of Haynes...
Our returning guest today is Haynes Boone Associate Michael Lambert who is based in our Austin office and is a member of the firm’s Intellectual Property Practice Group. Michael focuses on media, entertainment, IP, and First Amendment litigation. In this episode, we will complete our three-part discussion about Section 230 of the Communications Decency Act, which provides immunity (with some exceptions) to tech companies from liability for third-party content, such as reader posts, YouTu...
We’re joined again by Haynes Boone Associate Michael Lambert, who is based in our Austin office and is a member of the firm’s Intellectual Property Practice Group. Michael focuses on media, entertainment, IP, and First Amendment litigation.In this episode, we will resume our discussion on Section 230 of the Communications Decency Act, which provides immunity (with some exceptions) to tech companies from liability for third-party content, such as reader posts, YouTube videos, and Instagram pos...
Today, we will talk about a hot topic – Section 230 of The Communications Decency Act, which is the legal framework that protects tech companies from liability for third-party content, such as reader posts, YouTube videos, and Instagram posts. It is a critical legal foundation for the expanding social media sphere. The law has plenty of supporters and detractors, including critics who say that service providers need to bear more responsibility to vet and police the content they host. Sec...
We're joined today by Haynes Boone Partner Lee Johnston who is based in our Denver office and has a national trial practice that includes patent, copyright, trademark, and trade secret litigation. In this episode, Lee will talk about data scraping, a growing and controversial practice that has been the subject of recent, high-profile litigation.
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