News

Commerce Secretary to Tour Nashville’s Music Row

Newly appointed U.S. Secretary of Commerce Penny Pritzker will travel to Nashville this week to meet with business leaders, primarily in music publishing, as part of a listening tour that has included stops in Colorado, Connecticut and upstate New York. Pritzker’s Nashville trip will take her to Loud Recording Studios to meet with heads of the Recording Industry Association of America and Sony Music. The Commerce Secretary also plans to see the Nashville Entrepreneur Center. Nashville Public Radio has the story.

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Nelson Mullins Moves into New Nashville Office

Nelson Mullins Riley & Scarborough LLP has moved into a 17,000-square-foot office space at One Nashville Place at Fourth Avenue and Commerce Street. Although about the same size in square footage as the firm's previous office at the Regions Center, managing shareholder Larry Papel noted that the new space is "lighter and brighter and newer and nicer." The new space can accommodate up to 25 attorneys. Nelson Mullins, which opened in 2012 with six attorneys, added two more in April of this year and expects to add at least three more attorneys within the next few months. The Nashville Business Journal has the story.

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Review: 'Zubulake's e-Discovery' a Must-Read for Lawyers

If your practice involves e-discovery at all, you know the name Laura Zubulake. Read a review of her new book, Zubulake's e-Discovery: The Untold Story of My Quest for Justice, in this issue. "Her lawsuit resulted in a historic jury verdict and landmark e-discovery opinions that have proven influential not just nationally but also in Tennessee, having been cited by courts across the state," Nashville lawyer Russell Taber writes in his review. "While the Zubulake decisions are well known, her book reveals for the first time what really happened behind the scenes and how she did what she did."

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Judge Rules Apple Violated Antitrust Laws

Southern District Judge Denise Cote ruled this morning that Apple violated antitrust laws when it orchestrated a conspiracy to fix e-book prices with major publishers Penguin, Hachette, HarperCollins, Macmillan and Simon & Schuster, the National Law Journal reports. Cotes's ruling came in an action brought by the U.S. Justice Department's Antitrust Division and State of Texas v. Penguin Group (USA), brought by 33 states and U.S. territories. In a statement, Assistant Attorney General William Baer called the decision "a victory for millions of consumers who choose to read books electronically."

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Exhaustion Doctrine Detailed in July Issue

Recent court decisions decided the 'Exhaustion Doctrine' differently: soybean seeds went one way and imported textbooks went another. James R. Cartiglia and Nina Maja Bergmar explain it in the latest Tennessee Bar Journal. Also, new TBA President Cindy Wyrick makes her case for this year's work ahead, encouraging lawyers to work together to make a difference.

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Judge Blocks Cracker Barrel’s Grocery Plans

A U.S. District Court judge granted a preliminary injunction to block Tennessee-based restaurant chain Cracker Barrel Old County Store from selling branded meat products in grocery stores. The Memphis Daily News reports that food giant Kraft Foods argued that the line would infringe on its own Cracker Barrel-trademarked cheese products, which registered the Cracker Barrel trademark more than a decade before Cracker Barrel Old Country Store used the name.

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Supreme Court Rules DNA Not Patentable

A unanimous Supreme Court ruled today that “naturally occurring” DNA segments cannot be patented, the Blog of the Legal Times reports. Justice Clarence Thomas wrote the opinion for the court in Association for Molecular Pathology v. Myriad Genetics, which is considered by some a victory for civil liberties and consumer groups that argued corporations should not be able to lock up the uses of new DNA that could benefit patients if widely available. The Myriad patents at issue in the case were for BRCA1 and BRCA2 gene segments which, when mutated, can increase the risk for breast and ovarian cancer. Myriad developed diagnostic tests from the segments that could reveal cancer risk in women.

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Patent Push Causes Debate on Legal Authority

The Obama administration announced a plan on Tuesday to lift the veil on patent ownership. As part of the plan, the president said the U.S. Patent and Trademark Office is drafting a rule that would require patent applicants to disclose who actually owns them. While proponents defend the action as falling within the scope of the executive rule-making authority, critics of the proposal have suggested the new disclosure rule may be an overreach. The Legal Blog of the Wall Street Journal has the story.

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Court Will Not Consider Challenge to Copyright Board

The U.S. Supreme Court will not hear a challenge to the authority of the Copyright Royalty Board, which sets royalty rates for musical works. The high court today refused to hear an appeal that the panel – made up of three copyright judges appointed by the Librarian of Congress – should be appointed by the president and confirmed by the Senate. The company bringing the suit also wanted to overturn the panel’s decision that noncommercial educational webcasters pay an annual fee of $500 per channel for a license authorizing the webcasting of unlimited amounts of music. The Memphis Daily News has this Associated Press story.

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Event to Benefit Volunteer Lawyers & Professionals for the Arts

Arts Immersion, presented by the Arts & Business Council of Greater Nashville and the Nashville Bar Association Young Lawyers Division, will take place June 19 from 6 to 8 p.m. at the W.O. Smith School. The event will feature live performances, visual art and a silent auction – including opportunities to co-write with top songwriters. All proceeds benefit Volunteer Lawyers & Professionals for the Arts, which has provided $1 million worth of free legal and business help to over 1,000 low-income artists and 300 nonprofit arts organizations over the past five years. Tickets are $40 and are available at the door or online. Food, beverages and valet parking will be provided.

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'To Kill a Mockingbird' Author Sues Literary Agent for Royalties

Acclaimed author Harper Lee is suing her literary agent Samuel Pinkus, alleging that he tricked her into signing a document transferring the royalties from her 1960 novel “To Kill A Mockingbird.” The 87-year-old was recovering from a stroke and says she did not understand what she was doing. “Pinkus knew that Harper Lee was an elderly woman with physical infirmities that made it difficult for her to read and see,” her lawyer, Gloria Phares, wrote in the suit. “Harper Lee had no idea she had assigned her copyright.” The ABA Journal has the story.

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Review Gives Thumbs Up to E-Discovery Book

Knoxville lawyer Chris McCarty says one way to alleviate e-discovery anxiety is to read Electronic Discovery in Tennessee: Rules, Case Law and Distinctions, a new book by Nashville lawyer W. Russell Taber III. In his review in the March Tennessee Bar Journal, McCarty recommends you read this book, among other reasons, to keep from drowning in the high seas of data, cloud computing, claw-back agreements and non-waiver orders.

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Supreme Court Refuses to Hear Tim McGraw-Curb Case

The Tennessee Supreme Court has refused to hear Curb Record’s appeal of a lower court’s ruling that Tim McGraw was free to record with whomever he wished while his legal fight with his longtime label continued through the court system, the Tennessean's music blog reports. McGraw recently released “Two Lanes of Freedom” with Big Machine Records, the first album of his career not to be released on Curb.

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Perfume Patent Holder Sued for Defamation

Derek Bishopp, the inventor of the now ubiquitous pull-apart paper strip used by perfume advertisements in consumer magazines, is being sued by Chattanooga company Arcade Inc. for defamation, according to the Chattanooga Times Free Press. Bishopp posted online allegations and other negative comments alleging Arcade owes him nearly $3 million stemming from a 1993 contract. Attorneys for Arcade claim the contract was fulfilled years ago and have asked Hamilton Circuit Court Judge Marie Williams to stop Bishopp from continuing disparaging statements.

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Patent Attorney Merges Science Background with Law

After obtaining his undergraduate degree in biomedical engineering, Hermant Gupta prepared for a promising career in medical research until he met a patent lawyer. Instead of completing his master degree as he originally intended, Gupta entered the University of Memphis Cecil C. Humphreys School of Law. He is now one of a handful of patent lawyers in private practice in Memphis. The Memphis Daily News has more in its Law Talk column

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Court Asked to Review Landmark File-Sharing Case

Infamous file-sharer Jammie Thomas-Rasset asked the U.S. Supreme Court on Monday to review a jury’s conclusion that she pay the recording industry $222,000 for downloading and sharing two dozen copyrighted songs on the now-defunct file-sharing service Kazaa. Thomas-Rasset, the first person to defend herself against a file-sharing case, said the damages were unconstitutionally excessive and were not rationally related to the harm she caused to the labels. The court previously declined two other file-sharing cases brought before it. Learn more about the case on Wired.com

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Senate Approves Increased Email Privacy Legislation

The Senate Judiciary Committee has approved legislation that would require police to obtain a search warrant from a judge before allowing a person’s email or other electronic communication to be reviewed. The bill makes it slightly more difficult for the government to access the content of a consumer’s emails and private files from Google, Yahoo, Facebook, and other sources. Under the current law, the 1986 Electronic Communications Privacy Ac, a warrant is needed only for emails less than 6 months old.

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3 Settle in DOJ E-Book Lawsuit

Three companies involved in an e-book pricing lawsuit have settled and agreed to fund a $69 million pool to pay 30 cents to $1.32 per book credit to consumers who bought qualifying e-books between April 1, 2010, and May 21, 2012. Apple, Mcmillan, and Penguin opted not to settle and will go to trial next June in the suit filed in April by the Department of Justice,  WCYB News reports.

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Twitter Turns Over Tweets in 'Occupy' Case

Twitter today agreed to hand over about three months' worth of tweets to a judge overseeing the criminal trial of an Occupy Wall Street protester, the Associated Press reports. The case has become closely watched in the fight over how much access law enforcement agencies should have to material posted on social networks. The social networking site had been threatened with steep fines if it did not comply with Judge Matthew Sciarrino Jr.'s order to turn over the records in the case of Malcolm Harris. The judge said he would keep the records sealed until after a Sept. 21 hearing challenging his ruling on the messages.

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Decade-Long Music Ownership Battle Ends

The 10-year legal battle over ownership rights to the 1993 hit song “Whoomp! (There It Is)” finally concluded with a $2 million award, The Tennessean reports. A Texas jury found in favor of Alvertis Isbell and his attorney Richard Busch of the Nashville firm King & Ballow over ownership rights to the composition.

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File Sharing Opinion Avoids Ruling on Key Issue

Recording companies are entitled to the $222,000 in damages that they were awarded in a 2007 file-sharing case, but an 8th U.S. Circuit Court of Appeals decision issued today in St. Louis did not decide on whether a federal district court in Minnesota erred by ordering a new trial after that first verdict. Read more in the ABA Journal.

Tennessee to Get $1.2 Million from E-Book Settlement

Tennessee will get $1.2 million from a settlement over e-book price fixing, according to the Nashville Business Journal. The agreement with the attorneys general for 54 states and territories was reached with three major publishers: Hachette, Harper Collins and Simon & Schuster. The publishers agreed to a total fine of $69 million. Macmillan, Penguin and Apple declined to participate in the settlement. A federal lawsuit against them is pending.

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Apple Wins Big in Patent Case, Seeks Injunction on Samsung Phones

Apple won a $1.05 billion victory Friday in its suit against Samsung, and today requested a preliminary injunction on eight out of 28 Samsung products found to be infringing Apple patents, the New York Times reports. If the jury award isn't brought down by post-trial motions or appeals it will be the largest patent verdict in history. The nine jurors in the case, who faced the daunting task of answering more than 700 questions on sometimes highly technical matters, returned a verdict after just three days of deliberations at a federal courthouse in San Jose, Calif.

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Olympics Keep Tight Rein on Social Media, Marketing

During what's been dubbed the first "social media" Olympics, the International Olympic Committee is encouraging athletes to share their experiences with the world. Its social media guidelines suggest that they communicate "in first-person, diary-type format." But the medal hopefuls will have to watch what they post, blog, and tweet because the IOC, as the owner of the Games (and author of the Olympic Charter), has set limits on what they can say. There are similar strict controls on related marketing and advertising. Amy Savela, associate general counsel for marketing at the U.S. Olympic Committee, says that she and the legal department there will be monitoring a running list of social media concerns ranging from the language that companies use to talk about athletes and the Games to what athletes themselves say. Law.com has the details

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Twitter Must Give Up Tweets in 'Occupy' Case

Twitter must give a court about three months' worth of an Occupy Wall Street protester's tweets, a judge said in a ruling released today after the company fought prosecutors' demand for the messages. Manhattan Criminal Court Judge Matthew A. Sciarrino Jr. rebuffed one of Twitter Inc.'s central arguments, the Associated Press reports, which concerned who has rights to contest law enforcement demands for content posted on its site.

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