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9 Aug 2024, 3:57 pm by Rebecca Tushnet
[I am v skeptical of this given the inability of courts to do full cost benefit analysis; 1201 exemption analysis shows that putting downstream effects into the hopper is generally a way to suppress fair uses, and competition, in the service of fears of lack of control by big companies like John Deere.] [read post]
9 Aug 2024, 12:30 pm by John Ross
" Also see footnote 2 for some opinion-drafting funny business. [read post]
  Accordingly, to maintain privilege over the investigative work product, always: (1) document that the investigation’s purpose is to provide legal advice to the company; and (2) have counsel conduct the investigation or, at a minimum, actively direct non-attorneys conducting the investigation under written instruction from counsel. [read post]
9 Aug 2024, 3:00 am by Jim Sedor
National/Federal How an Elon Musk PAC Is Using Voter Data to Help Trump Beat Harris in 2024 Election CNBC – Brian Schwartz | Published: 8/2/2024 The combination of owning a social media company that gives him an enormous platform to push his political views, and creating a PAC with effectively unlimited resources, has made Elon Musk a major force in an American presidential election. [read post]
2 Aug 2024, 3:00 am by Jim Sedor
The Heritage Foundation also recently distributed new talking points encouraging participants to emphasize that the project does not speak for Trump. [read post]
1 Aug 2024, 4:51 am by Levin & Perconti Team
They cannot collect payments for amounts your insurance company has already paid. [read post]
30 Jul 2024, 10:51 am by Neil H. Buchanan
  How desperate does a writer have to be to offer that whopper (pun intended)? [read post]
22 Jul 2024, 9:05 pm by Miriam Becker-Cohen
In a short, unanimous opinion by Chief Justice John Roberts, the Court rejected the U.S. [read post]
22 Jul 2024, 1:11 pm by Eugene Volokh
" But she does not identify those facts, and neither "censor" nor "Minister of Truth" makes apparent what those facts could be…. [read post]
22 Jul 2024, 6:41 am by Dan Bressler
“No Conflict For Ballard Spahr In Ex-Union Leader’s Bribe Case” — “A Pennsylvania federal judge on Tuesday [7/2] rejected a claim by former Philadelphia union leader and convicted felon John ‘Johnny Doc’ Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast. [read post]
19 Jul 2024, 1:10 pm by John Ross
 Sixth Circuit (2-1): The law covers only performances that "lack serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor. [read post]
12 Jul 2024, 11:30 am by John Ross
This week on the Short Circuit podcast: A First Amendment 2-4-1. [read post]
12 Jul 2024, 3:00 am by Jim Sedor
Companies posting user content on the internet enjoy a broad shield under Section 230 of a 1996 law. [read post]
11 Jul 2024, 9:53 am by Kristian Stout
  Nor does the shift to streaming automatically equate to competitive harms for writers, actors, or even independent producers at the hands of empowered streamers. [read post]