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The POM Wonderful saga: FTC final order bars POM’s health claims
  • Wiley Rein LLP
  • USA
  • February 28 2013

On January 10, the U.S. Federal Trade Commission (FTC) released its long-awaited final ruling in the Agency's administrative case against POM


“Negligent publication” does not include false advertising or negligent misrepresentation
  • Wiley Rein LLP
  • USA
  • August 28 2008

The United States Court of Appeals for the Ninth Circuit, applying California law, has held that a professional liability policy including coverage for “negligent publication” did not include coverage for class action lawsuits alleging negligent misrepresentation, false advertising, and related counts


Court orders FilmOn.com to stop internet retransmissions of broadcast TV programming
  • Wiley Rein LLP
  • USA
  • December 7 2010

On November 22, 2010, television broadcasters won a preliminary victory as a federal judge in New York issued a temporary restraining order against FilmOn.com, a company that streams broadcast television signals over the Internet to its subscribers' mobile devices, such as phones and tablet computers


High court upholds the ideals of the First Amendment
  • Wiley Rein LLP
  • USA
  • July 28 2011

In Brown v. Entertainment Merchants Association, Inc., the Supreme Court struck down a California statute that sought to prohibit the sale or rental of violent video games to minors


Second Circuit vacates indecency fine against ABC and affiliates for NYPD Blue
  • Wiley Rein LLP
  • USA
  • January 4 2011

On Tuesday, January 4, 2011, the U.S. Court of Appeals for the Second Circuit vacated the Federal Communications Commission's (FCC) 2008 fine against ABC and 44 of its affiliates for the 2003 broadcast of an episode of NYPD Blue that included a seconds-long shot of an adult woman's nude buttocks


Fair use update: just because it’s newsworthy doesn’t mean you can put it on the air
  • Wiley Rein LLP
  • USA
  • November 26 2012

A recent decision by the United States Court of Appeals for the Ninth Circuit strengthens the copyright protection available for previously unpublished materials at the potential expense of the media industry


Supreme Court reiterates that federal agencies must give fair notice prior to enforcing regulations
  • Wiley Rein LLP
  • USA
  • August 24 2012

Two recent Supreme Court decisions have affirmed regulated industries' right to fair notice of federal agencies' interpretations of the laws they implement


D.C. District Court disagrees with Second Circuit Aereo decision and issues near-nationwide injunction over FilmOn X Internet Television Service
  • Wiley Rein LLP
  • USA
  • September 11 2013

The U.S. District Court in Washington, DC, last week preliminarily enjoined FilmOn X, a service that uses the Internet to give consumers the ability


No coverage for class action where all claims were first made or related back to claims first made prior to the policy period
  • Wiley Rein LLP
  • USA
  • January 27 2014

Applying Michigan law, the United States District Court for the Eastern District of Michigan has held that an art gallery's professional liability


Aereo wins another round in its battle with copyright owners
  • Wiley Rein LLP
  • USA
  • April 2 2013

On Monday, a divided panel of the U.S. Court of Appeals for the Second Circuit affirmed the denial of a preliminary injunction against Aereo, Inc