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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 4d ago
The following case selection first appeared in this week's Center for Art Law newsletter: Rubin v. Islamic Republic of Iran, 583 U.S. ___ (2018). On February 21st, in a unanimous decision, the Supreme Court ruled that victims of an Iran-sponsored terrorist bombing cannot seize Iran's "Persepolis Collection" at the University of Chicago's Oriental Institute to fulfill payment of the damages they were previously awarded (https://www.theartnewspaper.com/news/terror-victims-cannot-seize-iranian-antiquities-us-supreme-court-rules?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). The Court held that a 2008 amendment to the Foreign Sovereign Immunity Act did not remove the requirement of commercial activity from the Act's bar on seizure of a sovereign nation's assets unless the assets are used in commercial activities within the United States. The full opinion is available at https://www.supremecourt.gov/opinions/17pdf/16-534_6jfm.pdf?mc_cid=97c8bdba58&mc_eid=8a2eda70d8. Tananbaum v. Gagosian Gallery, Inc. et al, No. 651889/2018 (NY Sup. Ct., filed on April 19, 2018). In September 2013, a private collector signed a contract with Jeff Koons and the Gagosian Gallery, whereby they would deliver to him three sculptures worth more than $13 million. Five years later, he filed a complaint (available at https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=mDyDl8p2L9a_PLUS_SP1ONEOyUA==&mc_cid=97c8bdba58&mc_eid=8a2eda70d8) against the two kings of the New York art scene, condemning a Ponzi-like fraudulent scheme (https://www.theartnewspaper.com/news/legal-battle-over-modigliani-painting-rumbles-on?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). Silver v. Gagosian Gallery, Inc., No. 652090/2018 (Sup. Ct. NY, filed on April, 27, 2018) This is the second lawsuit filed in eight days against defendant Gagosian Gallery (http://www.artnews.com/2018/04/30/citing-frustration-purchase-8-m-jeff-koons-sculpture-producer-joel-silver-sues-gagosian-gallery/?mc_cid=97c8bdba58&mc_eid=8a2eda70d8) in connection with its prospective sale of multi-million dollar sculptures by artist Jeff Koons. According to the complaint, plaintiff Silver, a film producer, paid $8 million for a sculpture "Balloon Venus" in 2014 and he is yet to see the yellow goddess emerge from Koons' studio. "Frustrated by the delay and skeptical when, if ever," the sculpture he wanted would be done, Silver asked for his money back and learned that he would be forfeiting $3.2 million if he were to stop making payments on the revised payment plan. The plaintiff seeks a declaratory judgment and alleges breach of the New York Arts and Cultural Affairs law. The complaint is available upon request. Madonna Ciccone v. Gotta Have It Collectibles, No. 156454/2017 (Sup. Ct. NY, April 23, 2018) In July 2017, Gotta Have Rock and Roll held an auction of Madonna's personal items, orchestrated by her former assistant, including a breakup letter she wrote to American rapper Tupac Shakur (a/k/a 2Pac). Madonna filed an emergency court order, alleging that the items should not have been in the possession of her assistant and that she never agreed to the sale (https://www.rollingstone.com/music/news/auction-house-wins-battle-over-madonnas-tupac-letter-w519480?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). The court ruled in favor of the auction house, saying that Madonna had not made any demand for the return of her possessions and that she forfeited her rights. The decision is available at https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=piETQikzGIl4R5YiIEyU6g==&mc_cid=97c8bdba58&mc_eid=8a2eda70d8. Neumann v. Sotheby's, Inc., No. 652170/2018 (Sup. Ct. NY, filed May 3, 2018) This dispute, now pending appeal, involves the 86 year-old paterfamilias of the Neumann family, who seeks injunction against Sotheby's from offering the painting "Flesh and Spirit" by Jean-Michel Basquiat for sale (https://www.nytimes.com/2018/05/03/arts/basquiat-auction-sothebys-neumann.html?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). Neumann alleged that per a 2015 agreement, which was confirmed a year later, Sotheby's promised Neumann that they would seek his "approval on all matters relating to cataloging, placement, and exhibiting each and every work consigned". Although pieces in the collection are "owned by a variety of persons and entities", they are all considered part of the Neumann Family Collection, of which Hubert Neumann is the steward. However, in April 2018 Neumann learned that his daughter Belinda had consigned Basquiat's "Flesh and Spirit" - part of the collection - to Sotheby's for a sale in May, breaching the terms of his previous agreement with the auction house. The complaint is available at https://www.documentcloud.org/documents/4451958-Complaint.html?mc_cid=97c8bdba58&mc_eid=8a2eda70d8. US v. Kyriacou, Canaye, et al., CR-18-0102 (E.D. N.Y., Filed Feb. 28, 2018; Superseding Indictment Submitted March 20, 2018) In March 2018, a press release by the Department of Justice revealed that six individuals and four corporate entities were indicted on charges of "conspiracy to commit securities fraud and money laundering conspiracy" (https://www.justice.gov/usao-edny/pr/six-individuals-and-four-corporate-defendants-indicted-50-million-international?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). British art dealer Matthew Green is among the defendants. He is charged with conspiring to launder money using art. Green and others agreed to help an undercover agent clean "over $9 million dollars, which [he] represented to be the proceeds of securities fraud", by selling him the Picasso painting "Personnages" and thus providing him with paperwork for the purchase. The operation was halted before the painting's ownership was transferred. The original indictment is available at https://www.justice.gov/usao-edny/press-release/file/1040471/download?mc_cid=97c8bdba58&mc_eid=8a2eda70d8. The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 5d ago
By Angela Peco Edited by Elissa D. Hecker GENERAL NEWS President Trump Withdraws From Iran Nuclear Deal Trump declared an end to participation in the Joint Comprehensive Plan of Action in a speech filled with harsh rhetoric against Iran. While the United States will now reimpose sanctions on oil and impose new sanctions against the Central Bank of Iran, European companies will have 90-180 days to wind down operations in Iran, or they will run afoul of the American banking system. The European Union foreign policy chief said that member states were fully committed to preserving the deal. Iran will remain as well, but President Rouhani warned that Iran's atomic energy agency is prepared to restart "industrial scale" uranium enrichment if a deal with European countries as well as Russia and China fails to secure its interests. https://www.nytimes.com/2018/05/08/world/middleeast/trump-iran-nuclear-deal.html North Korea Releases Three American Prisoners; Nuclear Summit Meeting Set for June North Korea freed three prisoners, all Americans of Korean descent, as the two countries finalize details for a June meeting between Trump and Kim Jong-un in Singapore. https://www.nytimes.com/2018/05/09/us/politics/trump-korea-detainees-pompeo.html https://www.nytimes.com/2018/05/10/world/asia/trump-north-korea-singapore.html Confirmation Hearings Underway for Central Intelligence Agency Nominee Gina Haspel Gina Haspel, nominee for Central Intelligence Agency (CIA) Director, vowed that she would not start another detention and interrogation program like the one developed under President Bush after 9/11. Haspel oversaw a secret detention facility in Thailand in 2012 where an al Qaeda suspect was waterboarded. Haspel pushed back against suggestions that she declassify more information about her background, saying the director should be subject to agency guidelines on keeping its secrets. Haspel also defended the destruction of tapes documenting interrogations, citing concerns about the security risks the tapes posed if they were to become public. https://www.nytimes.com/2018/05/09/us/politics/gina-haspel-cia-senate-confirmation-hearing.html Eric Schneiderman Resigns as New York Attorney General Amid Assault Claims Four women accused New York State Attorney General Eric Schneiderman of physically assaulting them. The New Yorker reported that Schneiderman slapped, choked or spat on at least four women with whom he had been romantically involved. Under New York's Constitution, Schneiderman's replacement will be selected by the State Assembly and Senate by joint ballot. Possible replacements include Letitia James, who is New York City's public advocate. New York's Solicitor General, Barbara D. Underwood, will lead the attorney general's office until a replacement is found. Schneiderman's successor will inherit the 100-plus legal or administrative actions that Schneiderman filed against the Trump administration, as well as a lawsuit against the Weinstein Company over potential civil rights violations. https://www.nytimes.com/2018/05/07/nyregion/new-york-attorney-general-eric-schneiderman-abuse.html https://www.nytimes.com/2018/05/08/nyregion/eric-schneiderman-succession.html https://www.nytimes.com/2018/05/09/nyregion/schneiderman-replacement-barbara-underwood.html Trump Administration Ends Protected Status for Hondurans The Trump administration is ending temporary protected status for an estimated 86,000 registered Hondurans who have been allowed to live and work in the United States since 1999, after a hurricane ravaged the country. The Department of Homeland Security has determined that conditions have improved sufficiently in Honduras to warrant suspension of protected status for its citizens. Hondurans represent the second largest group of foreigners to benefit from the humanitarian Temporary Protected Status program, launched in 1990 for people seeking refuge from unstable homelands due to natural disasters, war and other adversities. The administration's position is that the only criteria it should consider in continuing the program is whether the original reason for the country's designation persists. Honduras has the highest homicide rate in the world and the biggest gap between rich and poor, with 61% of its population living in poverty. https://www.nytimes.com/2018/05/04/us/honduras-temporary-protected-status.html Patagonia Sues Trump in Bid to Protect National Monument Patagonia is a privately-held "Activist Company" with a record of publicly advocating for environmental protection, fair trade and stricter labor standards. It has now launched a lawsuit in response to President Trump's plans to sharply reduce the size of two national monuments in Utah, including Bears Ears. In its lawsuit Patagonia argues that the Antiquities Act of 1906 gave presidents the power to create national monuments, but it did not grant the power to revoke or modify them. Congress is the sole authority than can undertake such changes. Critics of Trump's proclamation point to internal documents at the Department of Interior, which showed that oil and gas interests were central to the decision to shrink Bears Ears. The area is now available for commercial use, including drilling and mining. https://www.nytimes.com/2018/05/05/business/patagonia-trump-bears-ears.html Environmental Protection Agency Staff Shield Pruitt from Public Scrutiny More than 10,000 documents were made public as part of a Freedom of Information Act (FOIA) lawsuit by the Sierra Club. Emails show that the Environmental Protection Agency's close control of information about Scott Pruitt's public events was driven by a desire to avoid tough questions from the public rather than by concerns about his security. https://www.nytimes.com/2018/05/07/climate/epa-pruitt-emails-secrecy.html National Security Agency Triples Data Collection In 2017 the National Security Agency (NSA) collected three times the phone and text message records it did the year before from American telecommunications providers. The NSA has expanded its collection of "call detail records" - telecom metadata showing who contacted whom and when, but not the contents of the call or text. The information comes from the annual set of surveillance-related statistics issued by the Office of the Director of National Intelligence. The 2015 USA Freedom Act overhauled how the NSA can gain access to domestic telecom data, ending a once-secret program that had systematically collected domestic phone logs in bulk. While the NSA has retained its function - the ability to analyze links between people in search of associates of terrorism suspects, the bulk records stay with the phone companies but can be turned over to government on an order of the Foreign Intelligence Surveillance Court. https://www.nytimes.com/2018/05/04/us/politics/nsa-surveillance-2017-annual-report.html Deals with AT&T and Healthcare Firm Novartis Paid Michael Cohen $1.2 Million in Exchange for White House Access New details are unfolding about Michael Cohen's business dealings and financial entanglements in the run-up to the election, as the investigation into possible bank fraud and election-law violation progresses. Documents show that a shell company that Cohen used to pay adult film actress Stormy Daniels was also receiving payments from several corporations. Funds started flowing through Essential Consultants LLC shortly before Trump was elected president. They included payments from Columbus Nova, a New York investment firm, whose biggest client is a company owned by Russian oligarch Viktor Vekselberg. Among the transactions were also payments from Novartis, a multinational pharmaceutical giant that frequently seeks approvals from federal drug regulators. Closer to home, AT&T paid Cohen $600,000 to advise on its $85.4 billion merger with Time Warner, which is now pending before the Justice Department. In totality, the dealings show Cohen positioning himself as a strategic adviser and gatekeeper to the president. https://www.nytimes.com/2018/05/09/us/politics/michael-cohen-shell-company.html https://www.nytimes.com/2018/05/08/us/politics/michael-cohen-shell-company-payments.html https://www.nytimes.com/2018/05/11/technology/att-cohen-trump-time-warner.html Former Speaker Sheldon Silver Convicted in Corruption Retrial Former Assembly Speaker Sheldon Silver has been found guilty on all seven counts of federal corruption. The charges related to $4 million obtained in illicit payments in return for using his office to take actions that benefited private individuals and entities. His first conviction was overturned by the United States Supreme Court in 2016 in a ruling that narrowed the activity that could constitute corruption. Silver's retrial was based on this narrower definition, where the activity in question must involve concrete and formal government decisions or actions to constitute corruption, and not mere political courtesies, like setting up a meeting. https://www.nytimes.com/2018/05/11/nyregion/sheldon-silver-retrial-guilty.html https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2018/05/11/silver-in-retrial-found-guilty-on-all-counts-of-corruption/?kw=Silver%2C+in+Retrial%2C+Found+Guilty+on+All+Counts+of+Corruption&slreturn=20180414112509 Agreements Show Ties Between University and Conservative Donors Donor agreements released under a FOIA request show that George Mason University granted the Koch Foundation a say in the hiring and firing of professors. The Koch Foundation endows a fund to pay the salary of one or more professors at the university's Mercatus Center, a free-marker think tank. In return, the donors have the right to name two out of the five members that comprise a selection committee that chooses professors. The Koch Foundation had similar appointment rights to advisory boards that recommended firings. The university's president has ordered a review to "ensure that [donor agreements] do not grant donors undue influence in academic matters." https://www.nytimes.com/2018/05/05/us/koch-donors-george-mason.html https://www.nytimes.com/aponline/2018/04/30/us/ap-us-koch-college.html Pakistan and United States Restrict Diplomats' Travel, Straining Relations The State Department threatened and then imposed travel restrictions on Pakistan's diplomatic corps in Washington for what it considers harassment of American diplomats in Pakistan. The United States has complained that Pakistani police and security officials frequently harass American staff with time-consuming traffic stops and citations. In retaliation, Pakistan placed broader travel restrictions that apply to all American diplomats stationed anywhere in Pakistan. https://www.nytimes.com/2018/05/11/world/asia/pakistan-us-travel-relations.html Over 1,700 Evacuated After Hawaii Volcano Erupts Hawaii's Kilauea volcano is spewing lava and steam into residential neighborhoods, prompting a local state of emergency and the mandatory evacuation of 1,700 local residents. https://www.nytimes.com/2018/05/07/us/hawaii-volcano-kilauea.html?smtyp=cur&smid=tw-nytnational Afghan Airstrike Targeting Taliban Killed Mostly Children United Nations officials have concluded that an Afghan government airstrike last month aimed at a Taliban planning session hit mostly children at a religious gathering. The airstrike raised "questions as to the government's respect of the rules of precaution and proportionality under international humanitarian law." Human Rights Watch has called the rise in civilian casualties from Afghan government air operations "deeply troubling." https://www.nytimes.com/2018/05/08/world/asia/afghanistan-airstrike-children.html Philippine Supreme Court Removes Chief Justice The Philippine's Supreme Court voted to remove its top judge and first female chief justice, Maria Lourdes Sereno. By a vote of 8-6, the court granted the government's petition to cancel Sereno's appointment on the grounds of alleged violations in the appointment process. President Duterte has called Sereno an "enemy" for voting against several of his government proposals, including extending martial law on a restive land. https://www.reuters.com/article/us-philippines-judiciary/philippine-supreme-court-removes-duterte-enemy-judge-idUSKBN1IC0EM Scholars Have Data on Millions of Facebook Users Facebook data sets compiled by academics continue to fuel concerns about data privacy. Experts point out that information collected by the academic community is sometimes left unsecured and can be easily copied or sold to marketers or political consulting firms that target users with advertising or political campaign messaging. These risks came to light after a University of Cambridge professor had obtained data of up to 87 million Facebook users and later sold it to Cambridge Analytica, a political consulting firm with ties to the Trump campaign, to build profiles of American voters. In response to these concerns, Facebook recently narrowed the number of academics with which it would work, inviting only those with election-related projects to participate through an "independent election research commission." https://www.nytimes.com/2018/05/06/technology/facebook-information-data-sets-academics.html Below, for your browsing convenience, the categories are divided into Entertainment, Art, Sports, and Media ENTERTAINMENT Female Stars Walk Cannes Red Carpet in Protest for Equal Rights Eighty-two women working in the film industry walked the Cannes Film Festival red carpet together to denounce gender inequality in their field. Participants commented on the shortage of films by women at the festival and the fact that selection committees were not gender-balanced. They also brought attention to problems in the film industry at large - not many women are making films because they are not being financed, green-lit, or distributed. https://www.nytimes.com/2018/05/12/movies/cannes-women-protest.html On the Heels of the #MuteRKelly Campaign, Spotify Removes Music from Playlists and Announces New "Hate Content Policy" R. Kelly's management team released a statement denying the growing list of accusations against the R&B singer. Women continue to allege mental and physical abuse in what they call R. Kelly's abusive cult of women in Chicago and Atlanta. Following years of allegations, the Time's Up organization recently threw its support behind a grassroots #MuteRKelly campaign to have his concerts and recording contracts cancelled. Music-streaming service Spotify removed R. Kelly's music from its algorithmic and curated playlists under its new "Hate Content and Hateful Conduct Policy". His music will still be available, but Spotify "will not actively promote it" in its editorial selections. https://www.nytimes.com/2018/05/04/arts/music/r-kelly-sex-abuse-allegations-statement.html https://www.nytimes.com/2018/05/10/arts/music/rkelly-spotify-accusations-xxxtentacion.html Chinese Channel Banned from Airing Eurovision Final after Censoring Performance with Gay Theme The European Broadcasting Union (EBU), which organizes Eurovision and licenses broadcasts, terminated its contract with Chinese channel Mango TV after Ireland's performance was cut and other sections were blurred. The performance features two male performers dancing and holding hands. The Chinese broadcaster also blurred images of a rainbow flag waived in the audience during Switzerland's performance. The EBU stated that the broadcaster's actions were not in line with its values of universality and inclusivity and its tradition of celebrating diversity through music. https://www.nytimes.com/2018/05/11/arts/music/eurovision-china-gay-censorship.html Adidas is Standing by Collaborator Kanye West Following West's Controversial Comments on Slavery Kanye West recently came under fire for comments he made during an interview on TMZ in which he said that he thought 400 years of slavery "sounds like a choice." Adidas' chief executive said he did not support West's comments and that Adidas's position on human rights was public, firm, and not in alignment with West's comments. The company also did not respond to calls to drop Kanye as a collaborator, despite pressure from a 30,000-signature online petition. Others are noting that Adidas knew exactly what it signed up for, and that controversy is part of Kanye's brand. https://www.nytimes.com/2018/05/04/fashion/kanye-west-adidas.html ARTS Art Dealer Pleads Guilty in Multimillion-Dollar Fraud Case Ezra Chowaiki has pleaded guilty to one count of wire fraud, one of the three charges laid against the Manhattan art gallery owner in December 2017. Prosecutors say that he fraudulently transferred more than $16 million of artwork between 2015 and 2017, in some instances selling artwork without the owners' authorization, or taking money from clients purportedly to purchase artwork, but keeping the money instead. Sentencing is scheduled for September. https://www.nytimes.com/2018/05/04/arts/design/art-dealer-pleads-guilty-fraud-case.html Contested Auction of Basquiat Painting to Proceed Collector Hubert Neumann sued Sotheby's claiming that the auction giant had violated an agreement with him by not seeking his approval about the marketing of the painting, which had been part of his wife's estate. He also claimed that the $30 million estimate put on the painting was far too low. Justice Sherwood of the State Supreme Court in Manhattan ruled that Neumann has no authority over the work and that the sale of "Flesh and Spirit" can proceed as planned. https://www.nytimes.com/2018/05/08/arts/basquiat-sothebys-lawsuit.html Nobel Literature Prize Will Not Be Awarded in 2018 Citing a "crisis of confidence," the Swedish Academy will postpone awarding the 2018 Nobel Prize in Literature. At the center of the controversy is a member of the academy whose husband is accused of harassing and assaulting at least 18 women over three decades. The couple runs a cultural organization with financial ties to the academy, and some of the offenses took place at academy-owned properties. Complaints to the academy went ignored over the years. https://www.nytimes.com/2018/05/04/world/europe/nobel-prize-literature-sexual-misconduct.html Facing Accusations of Inappropriate Behavior, Author Junot Díaz Steps Down as Pulitzer Chairman Pulitzer Prize-winning author Junot Díaz was publicly confronted with misconduct allegations during a Q&A session at a writers' festival in Australia. Writer and professor Zinzi Clemmons claims that Díaz forcibly kissed her when she was a graduate student at Columbia University. Clemmons believes that Díaz tried to preempt accusations of inappropriate behavior through his recent essay in The New Yorker detailing his own sexual abuse as a child. Other women have since come forward to accuse him of misogyny and inappropriate behavior. The Pulitzer Prize Board will be conducting an independent review of the claims. Díaz has since stepped down as chairman, but will remain a part of the body. https://www.nytimes.com/2018/05/04/books/junot-diaz-accusations.html https://www.nytimes.com/2018/05/10/books/junot-diaz-pulitzer-prize.html American Ballet Theater Announces Female Choreographer Initiative American Ballet Theater (ABT) announced a multi-year initiative that will support the creation and staging of new works by female choreographers. The ABT Women's Movement will support three choreographers each season. The company's artistic director sees this initiative as a major step in both levelling the playing field and looking for that "next voice." https://www.nytimes.com/2018/05/09/arts/ballet-theater-announces-female-choreographer-initiative.html Bloomberg Philanthropies Expands Funding to Art Groups in Seven Cities The funding is an expansion of the Arts Innovation and Management program launched by former New York city Mayor Michael Bloomberg in 2011. It will invest $43 million in more than 200 small and midsize cultural organizations across theater, visual arts, music, film, literature, and dance. Selected organizations will be offered financial support - about 10% of their annual operating budgets, in addition to arts-management training. https://www.nytimes.com/2018/05/10/arts/design/bloomberg-expands-arts-grants-program.html Rockefeller Artworks Set World Record for Single-Owner Auction Peggy and David Rockefeller's artworks and treasures broke a world record at a Christie's auction, topping $800 million, twice the amount brought in by the sale of Yves Saint Laurent's estate in 2009. ..
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1w ago
Wednesday, June 13, 2018 9:00 a.m. - 4:00 p.m. Live CLE Program & Webcast www.nysba.org/EntertainmentIntro2018/ American Management Association Executive Conference Center 1601 Broadway at West 48th Street New York, NY 10019 Program Co-Chairs Diane Krausz, Esq.| Diane Krausz & Associates Stephen B. Rodner, Esq. | Pryor Cashman LLP Rosemarie Tully, Esq. | Rosemarie Tully, P.C. EASL Section Chair Barry Skidelsky, Esq. | Barry Skidelsky Law Office Sponsored by the Entertainment, Arts and Sports Law Section and the Committee on Continuing Legal Education of the New York State Bar Association. 6.0 MCLE Credits: 4.0 Areas of Professional Practice, 2.0 Skills NYSBA Member: $195 | Non-Member: $295 Entertainment, Arts and Sports Law Section Member: $145 Lunch Included in Registration Fee. Agenda Topics · Immigration Issues for Foreign Talent Kimberly N. Grant, Esq. | Pryor Cashman LLP · Overview of Music Law Basics Joyce Syndee Dollinger, Esq. | Alter, Kendrick & Baron Rosemarie Tully, Esq. | Rosemarie Tully, P.C. · Practical Skills to Succeed in Entertainment Law Cheryl Davis, Esq., | The Authors Guild, Inc. Oliver Herzfeld, Esq. | Beanstalk Group Louise Firestone, Esq. | LVMH · Life Story Rights - How the Deals are Made in Film, Television, Theater and Beyond Stephen B. Rodner, Esq. | Pryor Cashman LLP · Anatomy of a Film Production Deal Robert Seigel, Esq. | The Law Office of Robert L. Seigel · Trending Issues in Sports Law Emma Barnett, Esq. | Madison Square Garden Company Eric Fisher, Esq. | Madison Square Garden Company
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By Barry Skidelsky In Murphy v. NCAA, a hot-off-the-presses decision of the United States Supreme Court dated May 14, 2018 (https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf), SCOTUS declared that a federal statutory ban relating to sports gambling known as the Professional and Amateur Sports Protection Act (PASPA) is unconstitutional. Effectively ending prohibitions on a $100 billion industry, this decision reverses that of the Third Circuit below, which previously upheld the restrictions on wagering outside of Nevada. Several states and others have been eagerly awaiting this decision, which in part is also relevant to the limits of the federal government over states' regulatory powers. The decision will be an extremely relevant topic of discussion among our sports law panelists during EASL's Spring Meeting afternoon program on May 15th. The cost for EASL members to attend is only $50, and includes 5 hours of CLE credit and a post-program networking reception. I look forward to seeing you then. For more information and to register, visit www.nysba.org/easl. Barry Skidelsky Chair NYS Bar Association, Entertainment Arts and Sports Law section (EASL) bskidelsky@mindspring.com
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By Kristine A. Sova www.sovalaw.com A new state law in New Jersey requires employers to provide paid sick leave to their employees. The new law goes into effect on October 29, 2018. Under the new law, employers must provide employees with up to 40 hours of paid sick leave each benefit year. Employees will be able to accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours of sick leave time during the benefit year. Further, employees will be able to use their leave time for their own physical or mental condition, to care for a family member's physical or mental condition, to attend a school-related conference or meeting for the employee's child, to obtain services if the employee or a family member is a victim of domestic or sexual abuse, or for official workplace, school or childcare closures caused by a public health concern. All employers must comply with the new law. There is no exception for small employers, regardless of the number of workers employed. However, the new law exempts the following specific categories of workers: per diem health care workers, construction workers covered by a collective bargaining agreement, and public employees who are already provided with sick leave with full pay. The new law preempts all existing municipal and county sick leave laws. Employers with paid sick leave policies with terms more favorable to employees than those set forth in the new law will be in compliance with the new law. The new law also addresses carry over of unused paid sick leave, notice requirements for an employee's use of leave, payout of unused paid sick leave on termination of employment, and recordkeeping requirements, among other requirements.
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1w ago
5.0 MCLE Credits in Professional Practice Date: Tuesday, May 15, 2018 Time: 1:30 PM - 6:00 PM EDT Reception To Follow 1:30 p.m. - 2:45 p.m. Cutting-Edge Case Developments in Entertainment Law This discussion of recent court cases will cover such topics, among others, as trademark cancellation claims against celebrity brand managers, entertainment industry litigation-funding disputes, timeliness of fraud claims by TV show producers, limits on former members' ability to use band names, objection clauses in reality-show release agreements, Lanham Act claims over TV series titles, trademark claims over phrases from songs, interplay between discovery requests and statute of limitations in copyright infringement litigation, personal jurisdiction over attorneys in entertainment malpractice litigation, and attempts to depose general counsel in entertainment brand-licensing battles. Speaker: Stan Soocher, Esq., Editor-in-Chief, Entertainment Law & Finance 2:55 p.m. - 4:35 p.m. Recent Developments in The Right of Publicity This panel will provide an overview of the right of publicity, first statutorily recognized by the State of New York in 1903 and its continuing evolution, including discussion of current high-profile litigation involving Lindsay Lohan and Lifetime Television, and currently proposed New York State legislative action that would make substantial modification in existing law. The moderator will be Sandra Baron, former Executive Director of the Media Law Resource Center and current Senior Fellow, Information Society Project at Yale School of Law. Moderator: Sandra Baron, Esq., Senior Fellow, Information Society Project and Abrams Institute for Freedom of Expression at Yale Law School Speakers: Jeremy Feigelson, Esq., Litigation Partner, Debevoise & Plimpton and Co-Chair Cybersecurity and Data Privacy Sarah A. Howes, Esq., Director and Counsel, Government Affairs and Public Policy, SAG-AFTRA Edward Rosenthal, Esq., Partner, Frankfurt Kurnit Klein & Selz and Chair, Intellectual Property and Litigation Elizabeth Seidlin-Bernstein, Of Counsel, Ballard Spahr LLP 4:45 p.m. - 6:00 p.m. Sports Gambling in the United States -- PASPA and Beyond A moderated panel discussion will focus on developments in US sports gambling, including one of the most anticipated decisions of the current Supreme Court term in Murphy v. NCAA, which remains to be issued. This decision may ultimately decide the fate of sports gambling in the US and has the potential to create major changes for governments, regulators and gaming advocates alike. The case involves New Jersey's challenge to the nationwide ban on federal sports gambling known as the Professional and Amateur Sports Protection Act -- PASPA. There are several possible outcomes for the case, which may be decided in advance of the spring meeting, each of which presents its own unique subset of questions that will need to be answered depending upon how the Justices rule. Moderator: Eben Novy-Williams, Bloomberg News Sports Business Reporter Speakers: Anthony J. Dryer, Esq., Partner, Intellectual Property Litigation and Sports Group at Skadden, Arps, Slate, Meagher & Flom LLP Daniel Etna, Esq., Partner, Corporate Department and Co-Chair Sports Law Group at Herrick, Feinstein LLP Bennett M. Liebman, Esq., Government Lawyer-in-Residence at Albany Law School; formerly Gov. Andrew M. Cuomo's Deputy Secretary for Gaming and Racing Audrey Sheetz, Esq., Associate, Litigation Department, at Herrick, Feinstein LLP 6:00 p.m. - 7:00 p.m. Reception
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 1w ago
By Jana Slavina Farmer Edited by Elissa D. Hecker President Trump Hired Lawyer With Impeachment Experience President Trump retained Emmet T. Flood, who represented Bill Clinton during his impeachment. Flood will replace attorney Ty Cobb, who previously advised Trump on cooperation with special counsel Robert S. Mueller III during the first year of the investigation. Back in March 2018, Trump denied via Twitter the intent to retain another lawyer after the New York Times reported that Flood interviewed for the job. https://www.nytimes.com/2018/05/02/us/politics/emmet-flood-ty-cobb-white-house-lawyer-special-counsel.html https://www.nytimes.com/2018/03/10/us/politics/trump-mueller-flood.html Iowa's Governor Signs The Nation's Strictest Abortion Statute Into Law Iowa's governor, Kim Reynolds, signed into law the nation's strictest law on abortion. Abortion is now outlawed in the state at the point at which doctors can detect a fetal heartbeat, which typically occurs at six weeks. Planned Parenthood of the Heartland vowed to challenge the new law in court. https://www.nytimes.com/2018/05/02/us/iowa-abortion-law-bill.html Stormy Daniels Sues President Trump For Defamation Stormy Daniels filed suit in New York federal court last Monday. She alleged defamation against President Trump over his tweet in which he dismissed and disparaged a composite sketch that Daniels claims depicted a man who threatened her in 2011 to stay quiet about her alleged sexual encounter with Trump. https://abcnews.go.com/Politics/wireStory/porn-star-stormy-daniels-sues-president-trump-defamation-54833023 U.S. May Limit Access For Chinese Researchers The White House, concerned with the rise of China's technological prowess, is considering strict measures to block Chinese citizens from performing sensitive research at American universities so as to prevent China from acquiring America's intellectual secrets. American officials fear that China's alleged recent tests of cloaking technology for fighter jets are tied to the work of a Chinese researcher at a Duke University laboratory in 2008. https://www.nytimes.com/2018/04/30/us/politics/trump-china-researchers-espionage.html U.S. Delays Tariffs On European Union, Canada and Mexico The Trump administration announced that it would delay for another 30 days the imposition of steel and aluminum tariffs on the European Union, Canada and Mexico. The extension is said to reflect the Trump administration's concern of possible retaliation by the European nations and its need for more time to resolve the trade disagreements with China. https://www.nytimes.com/2018/04/30/us/politics/white-house-delays-tariffs-eu-canada-mexico.html Hungary's Judicial Chief Accused Of Interfering With The Judiciary Following the recent re-election in Hungary of Viktor Orban, a far-right prime minister, multiple judges resigned in quick succession. Last Wednesday, a panel of senior judges accused the President of the National Judiciary Office, Tunde Hando, of interference with the hiring and promotion of judges. Hando is also one of Prime Minister Orban's oldest friends and allies. https://www.nytimes.com/2018/05/02/world/europe/hungary-judges-independence.html https://www.nytimes.com/2018/05/01/world/europe/hungary-viktor-orban-judges.html Below, for your browsing convenience, the categories are divided into Entertainment, Art, Sports, and Media Entertainment Ex-Employee Sues Weinstein; Allegations May Be Of Interest To The Manhattan District Attorney Alexandra Canosa, a producer on the Netflix show "Marco Polo" and former employee of Harvey Weinstein, filed a lawsuit against him alleging repeated sexual assault and rape spanning years. Three of the claimed incidents are alleged to have taken place in Manhattan in 2010 and 2012. While many complaints previously asserted against Weinstein occurred too long ago to be prosecuted, some speculate that Canosa's claims might qualify as more serious sex crimes that have no statutes of limitation. https://www.nytimes.com/2018/05/02/nyregion/harvey-weinstein-sexual-assault.html Epic Games, Inc. Is Suing A Teenager For Cheating Epic Games, Inc., the maker of the popular "Fortnite" video game, is suing a teenager for copyright infringement. Epic Games claims that popularizing and publishing cheat codes violates the user agreement. The teenager and his mother are defending the claim by arguing that the end-user license agreement and terms of service were not valid, as the player was a minor and the company did not seek parental consent. Epic Games argues that the agreements are valid, pointing out that the teenager agreed to be bound by its user agreements 14 times, i.e. each time he created a new game account after prior accounts were taken down for alleged cheating. https://www.law360.com/ip/articles/1036478 Roman Polanski And Bill Cosby Expelled From The Movie Academy The Academy of Motion Picture Arts and Sciences voted to expel Bill Cosby and director Roman Polanski from its membership. Harvey Weinstein was expelled last fall. http://deadline.com/2018/05/movie-academy-bill-cosby-roman-polanski-kicked-out-membership-1202382142/ Art and Cultural Heritage National Endowment For The Arts Chairwoman To Step Down In June The current chairwoman for the National Endowment for the Arts (NEA), Jane Chu, announced that she would step down from her post in June. President Trump, who tried to eliminate the NEA twice, will now appoint the new chairperson. https://www.nytimes.com/2018/05/02/arts/jane-chu-nea-chairwoman-to-step-down.html https://www.nytimes.com/2017/03/15/arts/nea-neh-endowments-trump.html U.S. Returns Smuggled Artifacts To Bagdad The U.S. returned to Iraq 3,800 ancient artifacts that had been smuggled into the United States and shipped to Hobby Lobby, a nationwide arts and crafts retailer. Cuneiform tablets, seals, and a bull were falsely labeled as tile samples for Hobby Lobby and were intercepted by customs agents. Last year, Hobby Lobby settled a civil lawsuit with the U.S. government, agreeing to forfeit thousands of Iraqi artifacts, among other concessions. http://english.alarabiya.net/en/variety/2018/05/03/US-returns-3-800-smuggled-artifacts-to-Iraq.html Atlanta Experiencing Film-Making Boom Following Favorable Tax Law Back in 2008, Georgia's governor signed a new tax law, which allowed for up to 30% of film production spending to be transferred into tax credits as long as a Georgia vendor is used. According to the Georgia Department of Economic Development, Georgia has become one of the top filming locations in the world. About 40 major movies and network television shows are being filmed in the state. https://www.nytimes.com/2018/05/04/theater/atlanta-film-television-boom-theater-actors.html Collector Banned From Exhibiting Art In An Industrial District of Berlin Berlin authorities banned art collector Axel Haubrok from hosting art exhibitions in a complex occupied by tradespeople and artists in the district of Lichtenberg, an industrial area of eastern Berlin, citing zoning violations. https://www.theartnewspaper.com/news/berlin-bans-collector-from-exhibiting-art-in-industrial-district?utm_source=weekly_%20may4_2018&utm_medium=email&utm_campaign=email_weekly The British Museum In The Spotlight Over Benin Artifacts Looted From Nigeria After the Victoria and Albert Museum offered to return Ethiopia's looted Maqdala treasures to the country on long-term loan, the British Museum is coming into the spotlight as it houses a large collection of Benin bronzes, looted from Nigeria under similar circumstances as the Maqdala artifacts. The Benin punitive expedition took place in 1897 to avenge the massacre of several British citizens. The royal palace was plundered as a result. The British Museum previously resisted repatriation efforts, stating that "there is great value in presenting the Benin collection in a global context, alongside the stories of other cultures". The museum's stance may change, however, as an initiative by a group of European museums and Nigerian parties, the Benin Dialogue Group, is encouraging the museum to return of some Benin objects to Nigeria on long-term loan. https://www.theartnewspaper.com/news/will-british-museum-lend-back-the-benin-bronzes?utm_source=weekly_%20may4_2018&utm_medium=email&utm_campaign=email_weekly Russia Warns That Its Presence At The Architecture Biennale In Venice May Bring About Protests Vladimir Aristarkhov, the deputy culture minister of Russia, issued a warning that the country's exhibition at the Russian Pavilion of the Architecture Biennale in Venice, which opens this month, may be a target for protests or "provocations." https://www.theartnewspaper.com/news/russian-minister-issues-biennale-warning?utm_source=daily_may1_2018&utm_medium=email&utm_campaign=email_daily&utm_source=The+Art+Newspaper+Newsletters&utm_campaign=d8ae18f867-EMAIL_CAMPAIGN_2018_04_18&utm_medium=email&utm_term=0_c459f924d0-d8ae18f867-61069025 Scotland Yard Joins Efforts To Repatriate Looted Pharaonic Artifacts Scotland Yard is collaborating with the British Museum and the governments of Egypt and Sudan in creating a public database of 80,000 pharaonic artifacts that have passed through the trade or have been in private collections since 1970. While inclusion in the database does not mean that an artifact was looted, the database is meant to assist law enforcement officials in tracking down provenance. https://www.theartnewspaper.com/news/scotland-yard-joins-global-crackdown-on-looted-pharaonic-antiquities?utm_source=daily_april30_2018&utm_medium=email&utm_campaign=email_daily&utm_source=The+Art+Newspaper+Newsletters&utm_campaign=be3cf07448-EMAIL_CAMPAIGN_2018_04_18&utm_medium=email&utm_term=0_c459f924d0-be3cf07448-61069025 As Americans Argue Over The Prom Dress, Chinese Wonder Why Keziah Daum, who posted photographs of herself wearing a Chinese-style dress to her high school prom, was subjected to a volley of social media outrage by Asian-Americans for cultural appropriation and disrespect to the Chinese culture. On the other hand, many residents of China, Hong Kong, and Taiwan view Daum's choice of dress as a victory for Chinese culture. https://www.nytimes.com/2018/05/02/world/asia/chinese-prom-dress.html Sports 49ers Safety Who Knelt During National Anthem Files Grievance Against the National Football League For Retaliation Eric Reid, the San Francisco 49ers safety, was one of the players who knelt during the national anthem for the past two seasons of the National Football League (NFL) games, protesting against social injustice and police brutality against African-Americans. He has now filed a grievance against the NFL, alleging that he was "blackballed" because of his actions. https://www.nytimes.com/2018/05/02/sports/football/eric-reid-grievance.html A Sweeping Overhaul Is Taking Place At Nike Following multiple complaints by women alleging harassment and a toxic work environment and a string of recent departures of top male executives, Nike has begun a comprehensive review of its human resources operations, making management training mandatory and revising many of its internal reporting procedures. https://www.nytimes.com/2018/04/28/business/nike-women.html Russian Doping Whistle-Blower Sues Three Olympic Athletes and The Nets Owner Grigory Rodchenkov, the whistle-blower who publicly detailed Russia's alleged Olympic doping schemes, responded to a defamation lawsuit against him by counterclaiming against three former Olympic athletes and taking aim at Mikhail D. Prokhorov, the controlling owner of the National Basketball Association's Brooklyn Nets, who reportedly is partly financing their legal fight. https://www.nytimes.com/2018/04/30/sports/prokhorov-rodchenkov-russia-doping.html Media Three Women Sue Charlie Rose For Sexual Harassment Three women sued Charlie Rose and CBS, claiming that the former anchorman sexually harassed them and that the network failed to stop the behavior. The lawsuit follows a recent exposé published by the Washington Post, detailing the newspaper's investigation into Rose's behavior. https://www.nytimes.com/2018/05/04/business/media/charlie-rose-harassment-lawsuit.html https://www.washingtonpost.com/charlie-roses-misconduct-was-widespread-at-cbs-and-three-managers-were-warned-investigation-finds/2018/05/02/80613d24-3228-11e8-94fa-32d48460b955_story.html?noredirect=on&utm_term=.86f2f6bbf078 Time Warner And AT&T Merger Is Awaiting Judicial Approval Arguments closed on Monday in the courtroom battle over the proposed Time Warner and AT&T merger. The Justice Department argued that the merger will harm the consumers by lessening competition. The proponents of the merger claimed that it would benefit consumers, as it would allow Time Warner and AT&T to compete more effectively against companies like Google and Netflix. Judge Richard J. Leon of United States District Court for the District of Columbia is expected to rule on the case on June 12th. https://www.nytimes.com/2018/04/30/technology/att-time-warner-trial.html Cambridge Analytica To File For Bankruptcy Cambridge Analytica announced its intent to cease operations and to file for bankruptcy protection after facing a data-harvesting scandal involving the private data of approximately 87 million Facebook users. The harvested data may be sold to the highest bidder in bankruptcy. https://www.nytimes.com/2018/05/02/us/politics/cambridge-analytica-shut-down.html; http://www.businessinsider.com/cambridge-analyticas-data-may-be-sold-to-the-highest-bidder-in-bankruptcy-2018-5 Montgomery's Top Newspaper Confesses Careless And Dehumanizing Prior Coverage Of Lynchings Following the recent opening of a memorial honoring lynching victims in Montgomery, Alabama, the city's largest newspaper, The Montgomery Advertiser, admitted in an editorial and a news article that its own prior coverage of the black victims was dismissive and dehumanizing, and blamed the victims for the alleged crimes without any evidence of guilt. https://www.nytimes.com/2018/04/29/us/lynching-memorial-newspaper.html Thousands Protest Internet Censorship In Russia The Russian government's recent effort to block Telegram, a messaging app, was met with protests that morphed into anti-Putin rallies. As the effort to shut down Telegram also resulted in blocking several top websites, including the Russian equivalents of Google and Facebook, the business sector vocally opposed the government's efforts as well. https://www.nytimes.com/2018/04/30/world/europe/russia-telegram-digital-resistance.html
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 2w ago
By Leslie Berman Edited by Elissa D. Hecker GENERAL NEWS Kim Prepared to Cede Nuclear Weapons if U.S. Pledges Not to Invade The South Korean government said that North Korea's leader, Kim Jong-un, had told President Moon Jae-in that he would abandon his nuclear weapons if the United States agreed to formally end the Korean War and promise not to invade his country. Kim also said he would invite experts and journalists from South Korea and the United States to watch the shutdown next month of his country's only known underground nuclear test site. https://www.nytimes.com/2018/04/29/world/asia/north-korea-trump-nuclear.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news Trump Signals Openness to a 'New Deal' to Constrain Iran President Trump signaled that he was open to a new arrangement with European allies that would preserve the Iran nuclear agreement by expanding and extending its terms to constrain Tehran's development of missiles and other destabilizing activities in the Middle East. Hosting President Emmanuel Macron of France at the White House, Trump again assailed the agreement made by the Obama administration as insane and ridiculous, but said he could agree to a new deal negotiated by American and European officials if it was strong enough. https://www.nytimes.com/2018/04/24/world/europe/trump-macron-iran-climate.html Lawyer Who Was Said to Have Dirt on Clinton Had Closer Ties to Kremlin Than She Let On The Russian lawyer who met with Trump campaign officials in Trump Tower in June 2016 on the premise that she would deliver damaging information about Hillary Clinton has long insisted she is a private attorney, and not a Kremlin operative trying to meddle in the presidential election. However, newly released emails show that in at least one instance two years earlier, the lawyer, Natalia V. Veselnitskaya, worked hand in glove with Russia's chief legal office to thwart a Justice Department civil fraud case against a well connected Russian firm. She also appears to have recanted her earlier denials of Russian government ties, now acknowledging that she was not merely a private lawyer, but also a source of information for a top Kremlin official, Yuri Y. Chaika, the prosecutor general. https://www.nytimes.com/2018/04/27/us/natalya-veselnitskaya-trump-tower-russian-prosecutor-general.html Michael D. Cohen to Take Fifth Amendment in Stormy Daniels Lawsuit Michael D. Cohen, President Trump's longtime personal lawyer, will invoke his Fifth Amendment right in a lawsuit filed against the president by Stephanie Clifford, the pornographic film star better known as Stormy Daniels. Cohen's decision, disclosed last week in a court filing in California where the suit was filed, came a day before a federal judge in Manhattan was set to hold a hearing regarding materials seized from Cohen during an F.B.I. raid earlier this month. https://www.nytimes.com/2018/04/25/nyregion/michael-cohen-stormy-daniels.html Stormy Daniels Lawsuit Delayed as Judge Cites 'Likely' Indictment of Michael Cohen A federal judge in California ordered a three-month delay in the lawsuit brought by Stephanie Clifford against President Trump, citing what he called the likelihood that Michael D. Cohen, Trump's longtime personal lawyer, will be indicted. In granting a defense request for the postponement, Judge S. James Otero of United States District Court in Los Angeles sided with the president's legal team that the unusual circumstances of the case warranted the stay of action. Judge Otero acknowledged in his order that complications might arise from an overlap with a criminal investigation into Cohen. https://www.nytimes.com/2018/04/27/us/politics/stormy-daniels-trump-michael-cohen-lawsuit.html Supreme Court Upholds Procedure That Is Said to Combat 'Patent Trolls' The Supreme Court upheld the constitutionality of a procedure that makes it easier to challenge questionable patents. The procedure, created by Congress in 2011, resembles a trial in federal court, but is conducted by an executive branch agency. Supporters say that it helps combat "patent trolls," or companies that obtain patents not to use them, but to demand royalties and sue for damages. Opponents say that the procedure violates the Constitution by usurping the role of the federal courts, violating the separation of powers, and denying patent holders the right to a jury trial. By a 7-to-2 vote, the Supreme Court ruled that the procedure was a permissible way for the agency that administers patents to fix its mistakes. https://www.nytimes.com/2018/04/24/business/scotus-patent-trolls.html Supreme Court Bars Human Rights Suits Against Foreign Corporations Foreign corporations may not be sued in American courts for complicity in human rights abuses abroad, the Supreme Court ruled on Tuesday. The vote was 5 to 4, with the Court's more conservative justices in the majority. Justice Anthony M. Kennedy, writing for a plurality of the justices, said such suits should not be allowed without explicit Congressional authorization. In dissent, Justice Sonia Sotomayor said that the Supreme Court created a double standard for corporations. https://www.nytimes.com/2018/04/24/business/supreme-court-foreign-corporations-lawsuits.html Rod Rosenstein Makes a Timely Supreme Court Appearance The Supreme Court heard an argument that touched on the president's power to fire subordinates. That same afternoon, Deputy Attorney General Rod J. Rosenstein, who has been the subject of reports that President Trump wants to fire him, argued before the Court. The morning argument examined how to balance independence against accountability within the executive branch. The specific question for the Court was whether in-house judges at the Securities and Exchange Commission had decided cases without constitutional authorization. Several justices acknowledged that their ruling in the case could have broad implications. https://www.nytimes.com/2018/04/23/us/politics/supreme-court-rosenstein-firing.html After Late Vote Switch, Senate Panel Approves Pompeo for Secretary of State The Senate Foreign Relations Committee approved the confirmation of Mike Pompeo to be the next Secretary of State, after Senator Rand Paul, Republican of Kentucky, bowed to pressure from President Trump and dropped his opposition. https://www.nytimes.com/2018/04/23/us/politics/mike-pompeo-rand-paul-secretary-of-state-foreign-relations-committee.html With No Nomination From Trump, Judges Choose U.S. Attorney for Manhattan Exercising a seldom-used power, the judges of the Federal District Court in Manhattan voted unanimously to appoint Geoffrey S. Berman as the United States attorney for the Southern District of New York. Berman was appointed interim United States attorney in January, and his 120-day term was due to expire. With no one yet nominated by Trump for the Southern District position, the judges acted to fill it. Under federal law, he will now serve until the Senate confirms a nominee by President Trump, whose administration has been slow to fill many posts in the executive and judicial branches. https://www.nytimes.com/2018/04/25/nyregion/geoffrey-berman-us-attorney-manhattan.html For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers Governor Eric Greitens of Missouri finds himself the newest member of a small, unenviable club: governors so embattled that they risk being expelled from office. So it was hardly surprising when Greitens's office brought in Ross H. Garber, a professed "Watergate nerd" who, after representing besieged governors in Alabama, Connecticut, and South Carolina, has arguably become the nation's leading practitioner of a subspecialty whose relevance can be a barometer of political rancor. Despite the high stakes and bright lights, the nation's statehouse impeachment bar is made of up just a few battle-tested lawyers who have improvised legal strategies largely on history and hunches. https://www.nytimes.com/2018/04/23/us/greitens-lawyers-impeachment.html Scott Pruitt Before the E.P.A.: Fancy Homes, a Shell Company and Friends With Money At the E.P.A., Scott Pruitt is under investigation for allegations of unchecked spending, ethics lapses and other issues, including his interactions with lobbyists. An examination of Pruitt's political career in Oklahoma reveals that many of the pitfalls he has encountered in Washington have echoes in his past. https://www.nytimes.com/2018/04/21/us/politics/scott-pruitt-oklahoma-epa.html F.D.A. Cracks Down on 'Juuling' Among Teenagers The Food and Drug Administration announced a major crackdown on the vaping industry, particularly on the trendy Juul devices, aimed at curbing sales to young people. https://www.nytimes.com/2018/04/24/health/fda-e-cigarettes-minors-juul.html ENTERTAINMENT Music Modernization Act Unanimously Passes House of Representatives The Music Modernization Act, HR 5477, has passed the House of Representatives by unanimous vote. It combines the legislation introduced in December under the same name, as well as the Allocation for Music Producers Act, which provides royalties for music producers, and the CLASSICS Act, which provides royalties for songs created before 1972 from digital streaming services. The bill paves the way for improved royalty payments to songwriters, artists, and creatives in the digital era. The bill is overwhelmingly supported by the music industry, and has bipartisan support in the House, where it was introduced by co-sponsors Robert Goodlatte (R-VA) and Jerrold Nadler (D-NY). Corresponding bills have been introduced in the Senate championed by Senator. Chuck Grassley (R-IA) and Orrin Hatch (R-UT). http://variety.com/2018/biz/news/music-modernization-act-unanimously-passes-house-of-representatives-1202787045/ Bill Cosby Found Guilty of Sexual Assault in Retrial At his second sexual assault trial, actor and comedian Bill Cosby was convicted of three counts of drugging and sexually assaulting Andrea Constand at his home near Norristown, Pennsylvania 14 years ago. Constand was a Temple University employee at the time. Cosby's conviction offered a measure of satisfaction to the dozens of women who for years have accused him of similar assaults against them. https://www.nytimes.com/2018/04/26/arts/television/bill-cosby-guilty-retrial.html?emc=edit_th_180427&nl=todaysheadlines&nlid=519984780427 Gender Letter: The Culture Is Changing. Cosby is Proof. The New York Times Gender Editor reflects on changes since the advent of the #MeToo movement, and its possible effects on the second Cosby trial, in which multiple victims were allowed to testify and a conviction was obtained. https://www.nytimes.com/2018/04/27/us/gender-letter-the-culture-is-changing-cosby-is-proof.html Madonna Loses Legal Battle Over Tupac Shakur Breakup Letter Madonna lost a legal battle to prevent the auction of her intimate memorabilia, including satin underwear and a letter from her former boyfriend, the rapper Tupac Shakur. In July 2017, New York Supreme Court Judge Gerald Lebovits granted Madonna a preliminary injunction blocking the sale of 22 items that she described as "extremely private and personally sensitive." Yet in a decision made public last week, Justice Lebovits dismissed the case on the grounds that the statute of limitations to recover the items had passed. The belongings, which also included intimate photographs, a hairbrush, and cassette tapes of unreleased recordings, were set to be sold by the online auction site GottaHaveRockandRoll.com last year. https://www.nytimes.com/2018/04/24/arts/music/madonna-tupac-shakur-letter-auction.html Kenya Bans Film About 2 Girls in Love Because It Is "Too Hopeful" The first Kenyan entry ever nominated for an award at the Cannes Film Festival will debut in France in two weeks -- but it is now illegal for Kenyans back home to watch it. The Kenya Film Classification Board banned the film, "Rafiki," a drama about two Kenyan girls who fall in love. Ezekiel Mutua, the board's chief executive officer, said the film "legitimizes homosexuality against the dominant values, cultures and beliefs of the people of Kenya." Mutua said that the film board's ruling did not represent a ban on homosexual content. "Homosexuality is a reality," he said. "What we are against is the endeavor to show that as a way of life in Kenya." https://www.nytimes.com/2018/04/27/world/africa/kenya-cannes-film-lesbians-banned.html ARTS Decision Reached in "Monkey Selfie Case" In a 41-page decision published on April 23rd, a three-judge panel of the Ninth Circuit dismissed Naruto (the Crested Macaque)'s claims, and held that although the monkey had constitutional standing, it lacked statutory standing to sue for infringement of its copyright in its selfie photographs, because the Copyright Act does not expressly authorize animals to file copyright infringement lawsuits. Naruto v. Slater, No. 16-15469 (9th Cir. 2018) is available at: http://cdn.ca9.uscourts.gov/datastore/opinions/2018/04/23/16-15469.pdf French Museum Discovers That More Than Half of Its Paintings Are Fake More than half the paintings owned by a southern French museum are worthless fakes, and authorities fear that more forgeries may be on display at other public galleries. The small museum in Elne, dedicated to local artist Etienne Terrus, a contemporary of Henri Matisse, learned that 82 of its 140 works were fakes after art historian Eric Forcadea raised the alarm. Forcadea noticed while helping to prepare an exhibit that some of the paintings attributed to Terrus featured buildings built after his 1922 death. https://nypost.com/2018/04/28/french-museum-discovers-more-than-half-of-its-paintings-are-fake/ Paris Opera Ballet Dancers Complain of Harassment and Bad Management "The current director seems to have no managerial competence, and no desire to acquire any," and "We are no longer children!" were among the blistering remarks submitted in response to an anonymous internal questionnaire compiled by the Paris Opera Ballet company's Committee for Artistic Expression. Other complaints and charges by the respondents included sexual and verbal harassment, lack of support and care, and incompetence. These are just some of the accusations leveled at the Paris Opera Ballet management and at the company's artistic director, Aurélie Dupont. The responses were leaked to journalists last week, setting off a furor in the French media. https://www.nytimes.com/2018/04/18/arts/dance/paris-opera-ballet-dancers-survey-harassment.html Why Won't We Learn from the Survivors of the Rana Plaza Disaster? Bangladesh is among the cheapest places to produce clothes, along with Vietnam and India. More than 4.4 million people -- mostly women -- work in its 3,000 factories, where the minimum wage is currently 32 cents an hour, or $68 a month. Brands flock here to source $30 billion worth of "ready-made garments," or RMG, making Bangladesh the world's second largest apparel manufacturing center, after China. However, the Bangladesh apparel industry has also been rife with sweatshops and industrial accidents. Between 2006 and 2012, more than 500 Bangladeshi garment workers died in factory fires usually caused by faulty electrical wiring. After more than 1,100 people were killed in the horrific building collapse of Rana Plaza, hundreds of factories in Bangladesh were shuttered. Five years later, the garment industry looks set to return to business as usual. https://www.nytimes.com/2018/04/24/style/survivors-of-rana-plaza-disaster.html SPORTS Former National Football League Cheerleaders Offer to Settle for $1 and a Meeting With Goodell The lawyer representing two former National Football League (NFL) cheerleaders who recently filed discrimination claims against the NFL has made a settlement proposal: If her clients can have a four-hour, "good faith" meeting with Commissioner Roger Goodell and league lawyers, they will settle all claims for $1 each. The settlement proposal, sent to an NFL attorney, asks that league representatives meet with at least four cheerleaders to prepare a set of binding rules and regulations which apply to all NFL teams. https://www.nytimes.com/2018/04/24/sports/football/nfl-cheerleaders.html FIFA's Infantino Calls for Rare Emergency Meeting Amid $25 Billion Offer FIFA's president, Gianni Infantino, called for an emergency meeting of the leading officials in international soccer to address a $25 billion rights offer from an investment group that could radically change some of the biggest competitions in the sport. Infantino called for a special meeting with leaders of soccer's six regional bodies to discuss details of the offer for control of a new quadrennial 24-team club tournament along the lines of the World Cup, FIFAs's $5 billion cash cow, and a proposed league for national teams. https://www.nytimes.com/2018/04/23/sports/soccer/fifa-infantino-club-world-cup.html N.C.A.A. Panel Proposes Reforms, Including End to 'One and Done' N.C.A.A. leaders endorsed a series of broad recommendations they received from a commission chaired by former Secretary of State Condoleezza Rice in the latest attempt to clean up men's college basketball and fix a system mired with corruption. The proposed changes would alter the texture of the sport, but stopped well short of challenging the longtime requirement that the college athletes remain amateurs, uncompensated beyond a scholarship and a stipend for their talents and efforts. https://www.nytimes.com/2018/04/25/sports/ncaa-condoleezza-rice.html Review Finds 'Tsunami' of Fixed Matches in Lower Levels of Tennis Professional tennis has created an environment ripe for corruption at the sport's lowest levels, and needs reform to combat the problem, an independent task force reported after a two-year investigation. The review panel of three prominent lawyers found that there was a "tsunami" of fixed matches at the lower levels of the game, but also that there was no conspiracy or collusion among the sport's governing bodies to cover it up. https://www.nytimes.com/2018/04/25/sports/tennis/tennis-anti-corruption-report.html Track's New Gender Rules Could Exclude Some Female Athletes In an effort to address questions about fair play, track and field's world governing body will publish regulations that could force some elite female athletes with naturally elevated testosterone levels to lower the hormone with medication, compete against men in certain Olympic events, or effectively give up their international careers. Female track athletes with elevated levels of testosterone, a condition known as hyperandrogenism, will be required to lower the amount of the hormone circulating in their blood for six months before being allowed to compete from the quarter-mile to the mile in major international events like the Olympics and the world championships. The rules, scheduled to take effect in November, will initially be enforced in middle distance races of 400 meters to one mile. These distances, which synthesize the need for speed, power and endurance, are events in which raised testosterone levels can have the most profound influence on performances. https://www.nytimes.com/2018/04/25/sports/caster-semenya.html Baseball Document, Thought Worth Millions, Spurs Court Fight One of the most valuable pieces of baseball memorabilia -- a copy of the 1876 National League Constitution, which established business practices that remain the norm today -- is at the center of a legal dispute between the family of a late baseball executive and an auction house the family claims is holding it hostage. The two sides were working together last May to sell the papers that had been among Fred Fleig's belongings when he died in 1979, a year after he retired as the National League's secretary and treasurer. After ads and an Associated Press story appeared about the auction, Major League Baseball claimed it was the rightful owner, and the sale was stopped. https://www.nytimes.com/aponline/2018/04/25/us/ap-us-baseball-constitution-lawsuit.html MEDIA Prosecutor of Patz's Killer Takes Over Weinstein Inquiry A senior prosecutor known for winning a murder conviction in the killing of Etan Patz in now running the Manhattan district attorney's investigation into rape allegations against the movie mogul Harvey Weinstein. The prosecutor, Joan Illuzzi, took over the case in early April, replacing a veteran sex crimes prosecutor who had been leading the inquiry since December, allegedly due to escalating tension between prosecutors and police investigating Weinstein's conduct. https://www.nytimes.com/2018/04/25/nyregion/weinstein-investigation-illuzzi-vance.html Tom Brokaw, in Email, Angrily Denies Harassment Claim Tom Brokaw, the longtime NBC News anchor, issued a pointed rebuke to a former colleague who accused him of groping and harassing her during the 1990s, describing himself as "angry, hurt and unmoored from what I thought would be the final..
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The Entertainment, Arts and Sports Law B.. by Elissa D. Hecker, Easl Blog Coordin.. - 3w ago
By Nick Crudele Edited by Elissa D. Hecker General News U.S. and Britain Issue Russian Cyberattack Warning The U.S. and British government issued a joint warning about Russian cyberattacks against government and private organizations and individual homes and offices. The warning said that the Russians were seeking to exploit internet connected devices around homes and businesses to support espionage, extract intellectual property, and lay the foundation for future offensive operations. https://www.nytimes.com/2018/04/16/world/europe/us-uk-russia-cybersecurity-threat.html CIA Director Pompeo Secretly Met With Kim Jong-un In North Korea President Trump sent CIA Director Mike Pompeo to North Korea to lay the groundwork for upcoming meetings with the reclusive countries leader Kim Jong-un. Pompeo has been dealing with North Korea through back-channels ever since Trump agreed to meet with Kim Jong-un last month. https://www.nytimes.com/2018/04/17/world/asia/trump-japan-north-korea-summit-talks.html Independent-Minded New York Prosecutors Pose Risk For President Trump Career prosecutors in the Southern District of New York's public corruption unit pose a risk for President Trump in the investigation of his personal lawyer Michael Cohen. The Southern District, which has a reputation for being independent, poses a greater threat to Trump than others. The unit, which has a track record of convicting politicians on both sides of the aisle, is even more unrestrained in its investigation as the Attorney General for the Southern District, Geoffrey Berman, recused himself from it. https://www.nytimes.com/2018/04/15/nyregion/independent-new-york-prosecutors-pose-potential-risk-for-trump.html Cohen Judge Yet to Decide Who Can View Raided Documents The judge overseeing the battle over what to do with the documents seized from attorney Michael Cohen's office has not decided on who will get access to the documents and when. Judge Kimba Wood did not grant President's Trump attorney's request to review the documents, but has also not given access to the prosecutors. https://www.nytimes.com/2018/04/16/nyregion/michael-cohen-court-hearing.html Lawyer Apologizes for Leaving the World Early Then Set Himself on Fire Nationally known civil rights lawyer David Buckel, who killed himself in Prospect Park, sent text messages and emails to friends and family apologizing for leaving the world early and leaving big challenges to tackle for those who remained. Buckel said in his suicide letter that he set himself on fire to make a statement about people protecting the environment. https://www.nytimes.com/2018/04/15/nyregion/david-buckel-brooklyn.html Trump Declines Further Russian Sanctions President Trump rejected any further sanctions on Russia for its involved with the chemical weapons program in Syria. The decision came after United Nations ambassador Nikki Haley announced that the U.S. would place sanctions on Russian companies helping with Syria's weapons program. https://www.nytimes.com/2018/04/16/us/politics/trump-rejects-sanctions-russia-syria.html Sean Hannity Named as Michael Cohen's Client Michael Cohen, President Trump's lawyer, named Fox News host Sean Hannity as one of his clients in a court hearing regarding an FBI raid on Cohen's office. Hannity was put on the defensive after this revelation because of his ardent support for Trump. Some critics of Hannity and media watchdogs believe that he should have been open with his viewers and disclosed his relationship with Cohen. https://www.nytimes.com/2018/04/16/business/media/sean-hannity-michael-cohen-client.html Chemical Weapons Inspectors Block from Syrian Site Chemical weapons inspectors sent to the site of Syria's alleged chemical weapons attack were blocked from entering the site by the Syrian government, raising suspicions that the Syrians and Russians were cleaning the area of any evidence of an attack. https://www.nytimes.com/2018/04/16/world/middleeast/syria-douma-chemical-attack.html Tech Companies Set Principles For Cyberattacks Major technology companies, including Microsoft and Facebook, announced a set of principles that the companies would follow in the event of a cyberattack on a country or its individuals. The principles include not helping any government mount a cyberattack against innocent civilians and enterprises and a commitment to come to the aid of any nation being attacked, whether the motive is criminal or geopolitical. Google, Apple, and Amazon have not signed the principles, and none of the signatories come from countries most responsible for cyberattacks, like Russia, North Korea, Iran, and China. https://www.nytimes.com/2018/04/17/us/politics/tech-companies-cybersecurity-accord.html New York A.G. Seeks Power to Punish Those Pardoned By President New York Attorney General Eric Schneiderman urged Governor Cuomo and state legislative leaders to close a loophole in New York's double jeopardy law that shields recipients of a presidential pardon from state prosecution. Schneiderman claims that New York's current law allows defendants pardoned for serious federal crimes to be free from all accountability under state criminal law. https://www.reuters.com/article/us-usa-trump-new-york-pardons/new-york-attorney-general-wants-power-to-bypass-trump-pardons-idUSKBN1HP31C Supreme Court Divided on Online Sales Taxes It is unclear whether the Supreme Court will reach the five votes necessary to overturn a 1992 decision Quill Corporation v. North Dakota, which barred states from collecting sales taxes from companies that do not have a substantial connection to the state. The Court is considering a case that challenges the ban on sales tax collection. https://www.nytimes.com/2018/04/17/business/justices-divided-on-sales-taxes-for-online-purchases.html U.S. Limit Chinese Tech Firms The Federal Communications Commission (FCC) voted unanimously on a rule that would prevent federally subsidized telecommunications carriers from using suppliers deemed to pose a risk to American national security. The decision takes direct aim at Chinese tech companies and intensifies the already testy relationship between China and the U.S. https://www.nytimes.com/2018/04/17/technology/huawei-trade-war.html Guiliani Joins Trump Legal Team Former New York City Mayor Rudy Guiliani will join President Trump's personal legal team. Trump has had problems recruiting and keeping top legal talent to help defend him in the Mueller investigation. https://www.reuters.com/article/us-usa-trump-russia-guiliani/former-new-york-mayor-giuliani-to-join-trump-legal-team-idUSKBN1HQ32Z Men Arrested at Starbucks Hope to Ignite Race Discussion The two black men arrested for sitting in a Philadelphia Starbucks hope to ensure that the situation doesn't happen again. Donte Robison and Rashon Nelson told ABC's Good Morning America that they hope that the incident would spur dialogue about race. https://www.nytimes.com/2018/04/19/us/starbucks-black-men-arrests-gma.html AT&T Chief Attacks Justice Department's Lawsuit Blocking Time Warner Merger AT&T CEO Randall Stephenson attacked the Justice Department's lawsuit seeking to block the company's merger with Time Warner, saying that the merger was a "vision deal" that the company needed to compete against tech companies. https://www.nytimes.com/2018/04/19/technology/att-ceo-time-warner-merger.html Baby Makes History on Senate Floor 10-day old Maile Pearl Bowlsbey become the first infant to ever be brought onto the Senate floor, when her mother, Senator Tammy Duckworth, brought her to work. The Senate voted unanimously to change its rules to allow both male and female senators to bring babies up to one year old onto the Senate floor. https://www.nytimes.com/2018/04/19/us/politics/baby-duckworth-senate-floor.html Audit Firm Approved Facebook's Policy Auditing firm PWC, which was put in charge of monitoring Facebook's privacy protections for federal regulators, told the FCC that the company had sufficient privacy protections in place, ever after the firm lost control of a huge amount of user data to firm Cambridge Analytica. The report effectively gave Facebook approval for its policies. https://www.nytimes.com/2018/04/19/technology/facebook-audit-cambridge-analytica.html Justice Department Refers Former FBI Director to Federal Prosecutors The Justice Department's inspector general asked federal prosecutors to review finding that former FBI deputy directors Andrew McCabe misled investigators about his role in providing information to the media before the 2016 election. https://www.usatoday.com/story/news/politics/2018/04/19/former-fbi-deputy-director-andrew-mccabe-federal-charges/533620002/ Hundreds of Children Taken From Parents at U.S. Border A New York Times report claims that more than 700 children have been taken from adults claiming to be their parents at the U.S. border. Homeland security officials said that they separate the children from the adults to "protect the best interests of minor children...if we cannot ascertain the parental relationship." https://www.nytimes.com/2018/04/20/us/immigrant-children-separation-ice.html Wells Fargo Settles with Feds for $1 Billion Wells Fargo will pay federal regulators $1 billion to settle investigations into its mortgage and auto-lending practices. The bank was accused of forcing customers into buying products and paying fees that were either unnecessary or caused by the banks own failures. https://www.nytimes.com/2018/04/20/business/wells-fargo-cfpb-penalty-regulators.html Justice Department Investigating Wireless Collusion Claim The Justice Department is investigating AT&T and Verizon to determine whether they colluded to hinder consumers from easily switching wireless carriers. https://www.nytimes.com/2018/04/20/technology/att-verizon-investigate-esim.html Russia and China Are Threats Says U.S. State Department The State Department labeled Russia and China threats to global stability for their poor human rights records. The label comes in a mandated report cataloging human rights problems around the world. https://www.nytimes.com/2018/04/20/us/politics/russia-china-human-rights.html The Democratic National Party Sues Russia, Trump, and Wikileaks The Democratic National Party sued the Russian government, Trump campaign, and Wikileaks alleging far-reaching conspiracy theories to disrupt the 2016 presidential campaign. The complaint alleges that top Trump officials conspired with Russia to hurt Hillary Clinton's campaign. https://www.washingtonpost.com/politics/democratic-party-files-lawsuit-alleging-russia-the-trump-campaign-and-wikileaks-conspired-to-disrupt- the-2016-campaign/2018/04/20/befe8364-4418-11e8-8569-26fda6b404c7_story.html?noredirect=on&utm_term=.872bf9ba226a North Korea to Stop Nuclear Tests and Scrap Test Sites The North Korean government said that it would immediately suspend nuclear and missile tests and scrap its nuclear test site and pursue economic growth and peace ahead of summits with South Korea and the United States. https://www.reuters.com/article/us-northkorea-missiles/north-korea-says-will-stop-nuclear-tests-scrap-test-site-idUSKBN1HR37J Below, for your browsing convenience, the categories are divided into Entertainment, Arts, Sports, and Media: Entertainment Kendrick Lamar Wins Pulitzer Rapper Kendrick Lamar won the Pulitzer Prize for music for his album "Damn". Lamar is the first rapper to win the Pulitzer, and "Damn" is the first non-jazz or classical work to win the award. The Pulitzer committee called the album "a virtuosic song collection unified by its vernacular authenticity and rhythmic dynamism that offers affecting vignettes capturing the complexity of modern African-American life." https://www.usatoday.com/story/life/books/2018/04/16/kendrick-lamar-wins-pulitzer-prize-music-damn/521381002/ Judge Allows Quaalude Testimony in Cosby Trial The judge in the Bill Cosby sexual assault trial will allow jurors to hear Cosby's previous statements about obtaining Quaaludes as part of his efforts to have sex with women. Cosby is accused of molesting Andrea Constand in 2004, and made the statement in a deposition related to the 2005 civil suit filed by Constand. Cosby's lawyers unsuccessfully argued that his statement that he used Quaaludes in the 1970's doesn't have any relevance to an incident that occurred in 2004. https://www.nytimes.com/2018/04/17/arts/cosby-trial-judge-admits-quaalude-testimony.html Cosby Witness Testifies That Accuser Discussed Plans to Frame a Celebrity A star witness for Bill Cosby testified that Cosby accuser Constand once remarked about how easy it would be to fabricate charges against a celebrity to get money. Marguerite Jackson, who was once the director of operations for Temple University's women's basketball team, said Constand made the comments while they were watching television in a hotel room on a road trip. Two toxicologists also offered competing testimony as to whether Constand was given Benadryl by Cosby, as is claimed. The defense also showed the jury documents claiming that Cosby was traveling at the time of the alleged assault. https://www.nytimes.com/2018/04/18/arts/television/bill-cosby-sexual-assault-trial.html https://www.nytimes.com/2018/04/19/arts/television/bill-cosby-sexual-assault-trial.html https://www.nytimes.com/2018/04/20/arts/television/bill-cosby-sexual-assault-trial.html Meek Mill Gets Prosecutors Support The Philadelphia district attorney's office supported Imprisoned rapper Meek Mill's request for a new trial. The DA's office said that Mill's 2008 conviction on drug and weapons charges should be vacated because the arresting officer's credibility was in question. Mill is serving two to four years in prison for violating his parole, which included an arrest for reckless driving in New York City. https://www.nytimes.com/2018/04/16/arts/music/meek-mill-jail-trial.html No Charges in Prince's Death Prosecutors declined to file any criminal charges in Prince's overdose death cause by the drug fentanyl, saying that there was no evidence showing how Prince obtained the counterfeit pills found in his system. https://www.cnn.com/2018/04/19/us/prince-death-investigation/index.html "Smallville" Actress Charged with Sex Trafficking Actress Allison Mack was arrested and charged with recruiting women into a secret society in which they were forced to have sex with self-help guru Keith Raniere. Mack allegedly recruited the women by saying they were joining a female mentorship group, which turned out to be a secret society run by Raniere, where the women were required to provide information about family and friends, nude photos, and rights to their assets as collateral in case they left the group. https://www.reuters.com/article/us-usa-crime-cult/smallville-actress-charged-in-self-help-gurus-sex-traffic-case-idUSKBN1HR2XR Germany Rap Due with Anti-Jewish Lyrics Causes Fury After Winning Award Popular German rap due Farid Bang and Kollegah's receipt of Germany's Echo Music Award has caused an uproar in Germany because of the duo's anti-Jewish lyrics. The rapper's lyrics include boasting about how their bodies are "more defined than Auschwitz prisoners" and vowing to "make another Holocaust, show up with a Molotov." https://www.nytimes.com/2018/04/18/arts/music/anti-semitism-german-rap.html Video Music Awards Returning to New York Mayor Bill de Blasio's administration reached an agreement with MTV to bring its Video Music Awards (VMAs) back to New York City this summer. The last time the VMA's were staged in New York was 2016, after being held in Los Angeles. https://www.nytimes.com/2018/04/17/nyregion/vma-mtv-nyc-awards.html Arts Contested Mockingbird Producer Offers to Stage Performance for the Judge Scott Rudin, the producer of Aaron Sorkin's adaptation of "To Kill a Mockingbird", offered to stage a single performance for the judge hearing the case that pits novelist Harper Lee's estate against Sorkin. Lee's estate claims that Sorkin's version of the play deviates too much from the original novel. Rudin filed a $10 million counter suit claiming that Lee's estate has damaged his ability to produce the show and questions the conduct, qualifications, and motivations of the executor of the estate, Tonja B. Carter. https://www.nytimes.com/2018/04/16/theater/mockingbird-harper-lee-scott-rudin-lawsuit.html rudinplay memo.pdf Top Art Collector Sues Over Failed Delivery of Sculptors Steven Tananbaum sued art star Jeff Koons and his dealer Gagosian Gallery for improper business practice in New York for their failure to deliver three sculptures, even after Tananbaum paid millions of dollars. Koons's work takes years to create, so he takes money up front from collectors. The suit claims that this practice is unethical and littered with corruption. https://news.artnet.com/art-world/collector-sues-jeff-koons-and-gagosian-gallery-1269605 "Fearless Girl" Statue Being Moved to Stock Exchange The popular statue of a little girl staring down the iconic "Charging Bull" statue in downtown Manhattan will be moved to the front of the New York Stock Exchange. The "Fearless Girl" statue by sculptor Kristen Visbal and commissioned by State Street Global Advisors was installed in front of the Bull in 2017 on the eve of International Women's Day, and was accompanied by calls for companies to increase the number of women on corporate boards. The artist behind the "Charging Bull" statue complained that it infringed on his work. http://abcnews.go.com/US/fearless-girl-leaving-charging-bull-moving-home/story?id=54582068 Noble Panel Found Unacceptable Behavior By Panelist But No Illegal Conduct The panel for the Noble Prize found "unacceptable behavior" by one of its panelists, but nothing illegal. Photographer and married member of the academy Jean-Claude Arnault was accused of sexual assault and harassment. https://www.nytimes.com/2018/04/20/world/europe/sweden-nobel-panel-sexual-misconduct.html Sims Statue Removed From Central Park The statue of Dr. James Sims, a pioneer in the practice of gynecology, has been removed from Central Park. The decision to remove the statue came from the city's Public Design Commission, which was created to review all public monuments in the city following protests across the country over Confederate statues. Sims was a 19th century surgeon who conducted experiments on women, usually enslaved women of color. https://www.cnn.com/2018/04/17/us/james-marion-sims-statue-removed-from-central-park/index.html New Washington D.C. Police Training Requires Tours of African American Museum The Washington D.C. Police Department is requiring all officers to spend a day at the National Museum of African American History and Culture, hoping to educate police officers about black history, and teach them about historical interactions between law enforcement and communities of color. https://news.artnet.com/art-world/dc-police-black-history-1268717 Chinese Antiquities Stolen From Bath Museum Four masked men broke into the Museum of East Asian Art in Bath, England, and stole precious jade and gold artifacts, as well as many other items. The men smashed a first-floor window and broke into display cases and removed the objects. The break in comes six years after three men tried to steal items while visiting the museum. https://
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By Kristine A. Sova A new law requires all New York employers to conduct mandatory sexual harassment training beginning October 9, 2018. The law requires employers to provide sexual harassment training every year. At a minimum, the training program must: Be interactive Explain what constitutes sexual harassment Provide examples of conduct constituting unlawful sexual harassment Provide information on remedies available to victims under federal and state laws concerning sexual harassment Provide information on employees' rights and all available forums for adjudicating sexual harassment complaints By the October 9th deadline, employers must also implement a policy on sexual harassment, which must meet certain minimum requirements outlined in the new law. The law also contains several other measures to combat sexual harassment, including: Effective immediately, expanding the New York State Human Rights Law ("NYSHRL") to provide for employer liability for sexual harassment of non-employees, such as contractors, subcontractors, vendors, consultants or other individuals providing services under a contract in the workplace. This is a significant expansion of the NYSHRL, which previously protected only employees. Effective July 11, 2018, prohibiting nondisclosure or confidentiality provisions in agreements that seek to settle claims relating to sexual harassment, unless it is the complaining party who seeks confidentiality and provided that the complaining party has 21 days to consider the nondisclosure provision and 7 days to revoke his/her acceptance of the nondisclosure provision. Effective July 11, 2018, prohibiting mandatory arbitration for sexual harassment claims, unless such arbitration clauses are contained in collective bargaining agreements. New York employers who operate in New York City are also expected to comply with the Stop Sexual Harassment in New York City Act, which was passed by the New York City Council on April 11, 2018 and is expected to be signed by Mayor de Blasio. The law contains its own training requirements aimed at sexual harassment prevention and applies to employers with at least 15 employees.
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