We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 101

Copyright law unavailable for removal of anti-Islam video
  • McDermott Will & Emery
  • USA
  • June 30 2015

Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth


“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


Acting General Counsel of the NLRB issues second report on social media
  • McDermott Will & Emery
  • USA
  • January 27 2012

On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office


In with the new: 2015 privacy, advertising and digital media predictions part III
  • McDermott Will & Emery
  • USA
  • January 15 2015

Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will


New COPPA parental consent method approved by FTC
  • McDermott Will & Emery
  • USA
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013


KSR based renewed motion on obviousness is a winner
  • McDermott Will & Emery
  • USA
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion


A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


Is anyone ever really "off-the-record" in the digital age?
  • McDermott Will & Emery
  • USA
  • July 6 2010

General Stanley McCrystal, Virginia Senator George Allen and Carly Fiorina, among others, have learned the hard way that in today's 247 news, blog, twitter and YouTube world, nothing is "off-the-record" and everything, even the most petty remarks, are up for endless debate


Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works
  • McDermott Will & Emery
  • USA
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works


“Hot news” cannot be enjoined under misappropriation claim
  • McDermott Will & Emery
  • USA
  • July 31 2011

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation