GDPR and the UDRP: Opposites Don’t Attract

If you’ve checked your email at all in the past month, you’ve likely been inundated by messages with titles like “Privacy Policy Updates.” These updates come en masse in the wake of the European Union’s new General Data Protection Regulation (GDPR), which regulates the processing of personal data relating to individuals in the EU. While

Lundin v. Discovery Communications: Even in Reality TV Context, Parties Can’t Contract Away Liability Based on Intentional Harms

The U.S. District Court for the District of Arizona in Lundin v. Discovery Communications ruled that a defamation suit brought by a reality television star against the network and producers of a reality show was not barred simply by virtue of an exculpatory “Assumption of Risk” provision containing a waiver of all claims.  Significantly, the

Assembly Bill 168’s Impact on Hollywood

As of January 1, 2018, Assembly Bill 168, a new California law prohibiting employers (including movie and television studios) from asking potential employees for their salary history, went into effect. The new law prohibits the following: (1) Relying on the salary history information of an applicant for employment as a factor in determining whether to

Blockchain and Film Distribution

As the world becomes more familiar with blockchain, people and companies continue to turn to the rapidly adopted technology to solve problems that were previously seen as just the costs of doing business. Over the past few years, in addition to serving as the backbone for headline-grabbing digital cryptocurrencies, the blockchain ledger has been used

Chambers USA 2018 Ranks Partners Lackman and Wolff as Top IP Attorneys; Recognizes Two Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) Practice Groups

Cowan, DeBaets, Abrahams & Sheppard LLP is delighted to announce that partners Eleanor M. Lackman and Nancy E. Wolff and both CDAS’s Entertainment and IP, Copyright and Litigation Practices have been recognized by Chambers and Partners in the Chambers USA 2018: America’s Leading Lawyers for Business guide. This is the fifth consecutive year Ms. Lackman and the second consecutive year Ms. Wolff

CDAS’s Copyright Photo/Video Claims Defense Checklist for Media Platforms

Copyright infringement claims from photographers and image licensing companies have become increasingly common with the widespread use of easily accessible digital content on the Internet and in social media.  Photo copyright owners discover these claims en masse by way of image recognition software, and often pursue them using high-volume contingency fee-based law firms, claiming that

Examine How the #MeToo and #TimesUp Movements are Impacting Entertainment Contracts

As the #MeToo and #TimesUp movements and their effects continue to unfurl, Hollywood is utilizing legal mechanisms via entertainment contracts to implement and supplement the changing norms, from “morals provisions” to “inclusion riders.” What are commonly referred to as “morals provisions” have a long history in the entertainment industry, but in recent years, have been

Oracle America Inc. v. Google, LLC: Oracle Prevails in Fair Use Case before Federal Circuit; CDAS Provides Amicus Support

Last week the U.S. Court of Appeals for the Federal Circuit reversed the U.S. District Court for the Northern District of California’s ruling of fair use in Oracle America, Inc. v. Google LLC, and held that a verbatim and non-transformative taking in the presence of an actual or potential licensing market fatally undermined the defense.

Notable Blockchain Developments in Early 2018

Cryptocurrencies and blockchain technology are no longer relegated to the most esoteric corners of the Internet.  While these important technological and social innovations were once widely unknown, or considered the purview of the dark web, they have now reached the mainstream.  Federal and state governments, as well as major corporations, are taking notice. Here are