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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.
In this episode, we are joined by Haynes Boone Partner Laura Prather, who is the head of the Media Law Practice Group. Laura has been active in the legislative process in Texas for many years, advocating for landmark laws that strengthened First Amendment Rights in the state. She has spent a significant amount of time this year at the Texas capitol and will talk to us about some of the laws passed that impact First Amendment rights.
Today, we are going to talk about the U.S. Supreme Court’s recent foray into copyright law, in the closely followed Google v. Oracle case from its prior term, and we will preview a case on the Court’s 2021-2022 docket that will again delve into copyright law.We have two guides today: Partner Jason Bloom, a returning guest to the podcast, and Chair of the firm’s Copyright Practice Group. Jason has litigated a wide variety of copyright disputes throughout the country. He is joined by Abbey Gauger, an associate in Haynes Boone’s New York Office, who has handled a range of high-profile litigation in both federal and state courts in New York.
Today, we are covering an important topic: the impact the COVID-19 pandemic has had on governmental transparency, including open-records requests and public access to governmental meetings. As we’ll discuss, the pandemic has been sort of a mixed bag, posing roadblocks to open government but also opening pathways to access public records, meetings and judicial proceedings. Joining us today is Partner Tom Williams, who has decades of experience handling cases and counseling clients on First Amendment issues, libel, invasion of privacy, open government and many other topics. Apropos of today’s discussion, he recently wrote an article titled “Dichotomy in Transparency as a Result of COVID-19" for the 2020 - 2021 edition of the Haynes Boone Media and  Entertainment Law Year in Review.
Today, we are going to talk about some recent significant Texas Supreme Court rulings of particular interest to media companies. The rulings will have an impact on defamation cases and the Texas Citizens Participation Act, the state’s anti-SLAPP law that establishes First Amendment protections for citizens to speak freely without fear of retaliatory suits.  We’re joined by Haynes and Boone Partner Ben Mesches, who is Co-Chair of the firm’s Litigation Practice Group and is a leading appellate lawyer in Texas. Ben has argued many major cases at the Texas Supreme Court and also previously clerked on the court. It’ll be great to get his impressions on some the key recent decisions out of that court.
Today, we are going to talk about cybersquatting, which is the unauthorized registration of an Internet domain name, usually involving a well-known company or brand, with the bad faith intent to profit from the goodwill established by the actual trademark owners. Various legal tools have been created to help brand owners fight back against cybersquatting, but the practice nonetheless continues and has likely only increased. We will also explore the legal options available to brand owners to deal with this nuisance.   We’re joined by an excellent guide, Haynes and Boone Trademark Partner Jeff Becker, who founded the firm’s Trademark Practice and has grown it into one of the largest and most highly respected in the country, being ranked as National Gold, the top tier in World Trademark Review’s WTR 1000 directory of leading trademarks practices.
Today’s topic: talent releases and how to avoid liability for using a person’s image in a creative work. Among other issues, we’ll talk about the particular circumstances that require talent releases and the sorts of claims you can face if you are accused of the unauthorized use of a person’s image.We are joined by Chrissy Long, an associate in Haynes and Boone’s Fort Worth Office and a member of the firm’s Media and Entertainment Litigation Practice Group. Chrissy has experience in a wide variety of litigation matters, on behalf of media and other corporate clients, and has written many articles touching on media and entertainment law and First Amendment topics. 
Today, we are going to explore copyright law and specifically the Fair Use doctrine. It’s a legal principle designed to promote freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Someone invoking the Fair Use defense has the burden of proving why it applies, and it can be hard to predict whether a court would conclude that a particular use of copyrighted material qualifies as Fair Use. We will also talk about two recent federal circuit decisions that highlight the fact-intensive manner in which courts analyze these issues. We’re joined today by Haynes and Boone Partner Stephanie Sivinski. Stephanie focuses her practice on complex federal-court litigation and has won trial victories in high-stakes business and intellectual property disputes.
Today, we are going to explore the topic of data privacy, a vital issue that is in the news in some form or fashion every single day. We will cover a lot of fertile ground, including the General Data Protection Regulation (or GDPR), the strict European legal regime protecting European Citizens’ personal data. We will also discuss the impact the GDPR has had on data privacy regulations in the U.S. and how European and U.S. data privacy rules impact media companies.  Haynes and Boone Partner Gavin George is joining the podcast to help us unpack this area of law. Gavin’s practice covers privacy, data processing, technology transactions, and intellectual property in the information age, and he advises clients on the GDPR and California Consumer Privacy Act (CCPA), which we will also discuss today. 
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