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In victory for news aggregators, federal appellate court erodes 'hot news' misappropriation doctrine

  • Wiley Rein LLP
  • -
  • USA
  • -
  • July 6 2011

In a decision that could hamper the ability of news organizations to protect their content from aggregators, a federal appellate court has rejected a claim of “hot news” misappropriation against an aggregator of financial news in Barclays Capital Inc. v. Theflyonthewall.com

Creating, making, or breaking it: Second Circuit reexamines "hot news" misappropriation tort

  • Dentons
  • -
  • USA
  • -
  • June 30 2011

In a convoluted 88-page decision, the Second Circuit simultaneously reaffirmed the continued existence of the "hot news" misappropriation tort, stripped the tort of its five-factor preemption test used for nearly fifteen-years, and replaced it with an abridged analysis under the theory of "free-riding."

Trading recommendations are newsworthy

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 27 2011

On June 20th, the Second Circuit held that plaintiffs' "hot news" misappropriation claim is preempted by federal copyright law

Collision occurs between copyrights and misappropriation in electronic news media space

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • June 24 2011

Despite winning in court to protect valuable copyrights, Wall Street firms are unable to protect their valuable trading recommendations as federal and state laws collide in Barclays Capital Inc. v. Theflyonthewall.com, Inc.1 (pending any potential review on appeal

Court rejects "hot news" protection for stock recommendations

  • White & Case LLP
  • -
  • USA
  • -
  • June 23 2011

The Court of Appeals for the Second Circuit ruled in Barclays Capital Inc. v. Theflyonthewall.com, Inc., No. 10-1372-cv (June 20, 2011) that a financial news service did not misappropriate analyst research by publishing stock recommendations on its website

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