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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.
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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 returning from a stint as a Fulbright Scholar studying global freedom of expression issues. Susan serves as Director of the Foreign Policy Center and author of the report “Unsafe for Scrutiny: Examining the pressures faced by journalists uncovering financial crime and corruption around the World.” A former journalist, Susan has a strong background in human rights advocacy, and her report swayed public opinion by exposing how reporters face risks to their freedom and security, from vexatious lawsuits (SLAPPs) to violence for exposing wrongdoing. Susan was instrumental in establishing the Coalition Against SLAPPs in Europe and the UK Anti-SLAPP Coalition and has helped to expose the devastating impact SLAPP suits can have on NGO’s, protestors, and others who speak truth to power.
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., recently returning from a stint as a Fulbright Scholar studying global freedom of expression issues. Charlie serves as Legal Counsel for Campaigns for Greenpeace International and UK Campaigns Manager for English PEN. He has a strong background in human rights advocacy and a thematic expertise in freedom of expression and the right to protest. Charlie was instrumental in establishing the Coalition Against SLAPPs in Europe and the UK Anti-SLAPP Coalition and has personal experience through his work at Greenpeace in the devastating impact SLAPP suits can have on NGO’s, protestors, and others who speak to power.
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 should balance “the degree to which the use has a further purpose or different character” against the “nature of the use,” whether commercial or nonprofit. Under that rubric, the Court next found that even though Warhol’s illustration “adds new expression to Goldsmith’s photograph,” the first fair use factor favored Goldsmith because the works shared “substantially the same commercial purpose”—Goldsmith’s photograph and Warhol’s illustration were both “portraits of Prince used to depict Prince in magazine stories about Prince.”
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 all we have the winning Haynes Boone legal team with us today to break down the ruling and what it means for First Amendment law: Austin-based Partner Laura Prather, chair of the firm’s Media Law Practice, and Associate Michael Lambert.
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 Court might rule if called on to decide the cases.
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 appeal of the verdict.
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 attracted many critics, including Supreme Court Justice Clarence Thomas, who contends that Internet companies should assume more responsibility for the content on their platforms.
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 investigations into counterfeiting are analogous to criminal investigations, the differences between grey market and black market good, and some of the methods businesses case use to police fake products and penalize counterfeiters.
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.” Michael analyzed why Texas federal judge Robert Pitman declared the law unconstitutional and how that ruling, which was issued in March 2022 and is currently on appeal, could provide Texas journalists great latitude to use drones. However the case is resolved, Michael explains, drone users still need to abide by federal laws and other regulations and other restrictions governing drone flights.
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, athletes and social influencers to market cannabis products.
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 previews a case where the U.S. Supreme Court is considering whether to allow First Amendment civil rights claims against federal government officials.
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 Board -- will work and some issues lawyers and parties should think about when deciding whether to litigate their cases in federal court or before the CCB.
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 Boone. He focuses on media, entertainment, intellectual property, and First Amendment litigation. He also counsels clients on pre-publication review, privacy, access, and newsgathering matters.
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, YouTube videos, and Instagram posts. As a reminder, in the first podcast on this topic, Michael discussed the history that led to the adoption of Section 230 and analyzed the key features of the law. In part two, he discussed an exception to the immunity provided by Section 230 – that is, the so-called Fight Online Sex Trafficking Act, or FOSTA , which allows claims against online services that allegedly facilitate sex trafficking. Today, Michael will discuss some of the controversy around Section 230 that has prompted calls to reform the law.
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 posts. Today, we will focus on an exception that Congress, in 2018, added to Section 230 immunity. It’s called FOSTA, which stands for the Fight Online Sex Trafficking Act, and it allows claims to be brought against online service providers that allegedly facilitate trafficking. Michael will walk us through the history of FOSTA and its key provisions.Related episode: What is Section 230? (Part 1)
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. Section 230 is such an interesting area of law that we are going to have two follow-up episodes that will delve deeper into related topics. We’re joined 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.
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.
In this episode, we are joined by Haynes Boone Counsel Darwin Bruce, who will walk us through a checklist of key items for parties to consider when structuring transactions involving the entertainment industry. Darwin joined us earlier on the podcast to talk about the growth in streaming media. His practice focuses on media and entertainment transactions, corporate governance, mergers and acquisitions transactions, finance, and real estate transactions.
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