February, 2017

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FCC Approves For the First Time 100% Foreign Ownership of US Broadcast Stations

Broadcast Law Blog

The FCC yesterday released its first decision approving 100% foreign ownership of a group of US broadcast stations. This comes after significant relaxation of the FCC’s interpretation of the foreign ownership limits which, less than 4 years ago, had been interpreted to effectively prohibit foreign ownership of more than 25% of a company controlling broadcast licensees (see our article here about the 2013 decision to relax the restrictive policy).

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No 3rd Runway at Vienna Airport Because Adverse Climate Impacts Outweigh Short-term Economic Benefits: Austrian Court (Updated)

ClimateChange-ClimateLaw

by Justin Gundlach. (Updated on June 29, 2017). Plans for a third runway at the Vienna-Schwechat airport (pictured at right) were first submitted for review by the government of Lower Austria (one of Austria’s 9 regions) in March 2007. This week, the Lower Austrian government’s approval of those plans was struck down by Austria’s Federal Administrative Court ( Bundesverwaltungsgericht ) on the grounds that authorizing the runway would do more harm to the public interest than good, primarily beca

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Law Actually is 10 years old today

LawActually

Yes - really. I’ve posted quite a few birthday blog posts over the last – well – decade and, looking back, I always seem to start them by saying that I can’t believe Law Actually has been going so long. (See here, here , here , here , here , here , here and here.) Well, now this blog has reached double figures, I really can believe it. It feels like ten years.

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Is it too late for a New Year Planner Party?

LegalSecretariesRock

Every year, I pledge to get organized. And every year - well, I won't say that I fail, but I often fall short. This year, I had my head all wrapped around the Planner idea. Like, back to paper, going to keep planners in several places and never miss another deadline or appointment. Needless to say, it's February 1st, and I've only written one thing in one of my planners.

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Transforming eDiscovery: Document Summarization, Sentiment Analysis, And Chatbots Take Center Stage

A Synergistic Approach to eDiscovery In the space of eDiscovery, the convergence of document summarization, sentiment analysis, and chatbots represents a significant change in how legal professionals navigate and manage electronic information. These technologies not only expedite the review process but also empower legal teams with deeper insights into the emotional context and key information within electronic documents.

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On the Road and at ABA MidYear Meeting 2017

LegalTalkNetwork

It was very apropos that Miami became the backdrop for this year’s ABA Midyear meeting. The word of the week was immigration and it was used with zealous amplitude. Unless you were buried under your desk at work and separated from your mobile, it was impossible to escape the nonstop media coverage of sanctuary cities, executive orders, travel bans, and, of course, political tension.

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FCC Chairman Pai Promotes Transparency – Releases Draft Orders on Next-Generation TV and FM Translators for AM Stations – What Will Be Considered for Radio at February FCC Meeting?

Broadcast Law Blog

FCC Chairman Ajit Pai announced yesterday that he plans to test a new FCC procedure – releasing drafts of FCC orders to be considered at future FCC meetings at the same time as the proposed agenda for the meeting is released, weeks in advance of the meeting. On the draft agenda for the February 23 rd meeting are two items of interest for broadcasters, and draft orders for both of these items were released yesterday – one for radio and one for TV.

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FCC Asks for Formal Comments on Next-Generation of Television, and Approves Greater Use of FM Translators By AM Stations

Broadcast Law Blog

At its meeting yesterday, the FCC took two big actions affecting broadcasters. First, it approved a Notice of Proposed Rulemaking looking to adopt a transition plan for television broadcasters to move to the new ATSC 3.0 standard. The Commission apparently took the general actions previewed in its draft order released earlier this month, though additional questions were said to have been teed up for public comment in the final version of the NPRM.

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Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process

Broadcast Law Blog

This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings. The Court of Appeals sent the case back to the US District Court with instructions that it be dismissed, finding that a December decision by New York’s state Court of Appeals resolved all issues in the case.

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Nissan Micra driver reconceptualises traffic laws

LawActually

(By which I mean, the driver decided to drive on the left but on the wrong side of a dual carriageway.) It’s easily done. Ahem. From Cornwall Live 14/02/17 : Shocking footage has captured the moment a Nissan Micra driver was caught on camera driving the wrong way down the busy A30 at rush hour. [Bus Driver Jimmers] Thomas told Cornwall Live: "This little car bumbled past obliviously.

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Recipe for a Failed CLM Implementation

Selecting and implementing CLM technology can be daunting, leading to underutilization or abandonment. Factors like provider differentiation, inadequate planning, and lack of user training contribute to these failures. Recognizing these pitfalls is crucial for successful adoption, ensuring organizations harness the full potential of CLM for streamlined contract management.

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We noticed you’re using an ad-blocker. Oh really?

LawActually

Like any self-respecting web user, I’ve used ad-blocking extensions for years now - since at least 2006. There are some sites so peppered with ads that browsing them without an ad-blocker just isn’t viable (I’m thinking in particular of some F1 sites I like to check frequently). Some sites are so bad that if it came to a choice between visiting them without an ad-blocker, or not visiting at all, I’d pick the latter, frankly.

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FCC Releases First EEO Audit for 2017 – Over 200 Radio and Almost 80 TV Stations Named in the Audit Notice

Broadcast Law Blog

In the swirl of news about the deregulatory efforts of the new FCC, one could almost forget that there are still many regulations in place that require significant amounts of paperwork retention by broadcasters. That point was hammered home yesterday, when the FCC released its first EEO audit letter of 2017 for radio and TV broadcasters. The FCC’s public notice announcing the commencement of the audit includes the audit letter that was sent to all of the targeted stations.

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Safer internet day

LawActually

Yep - it’s here again. I see I was cautiously positive when I mentioned SID in post back in 2008 , but I think there was a distinct undertone of scepticism if I’m frank. But, nine years on, far from slipping into oblivion, it seems safer internet day is well and truly ‘a thing’. I guess that’s good news. It’s not going to work miracles, but it’s a start.

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Protecting the Rights of Persons Displaced by Climate Change – New Publication Examines Role of UNFCCC

ClimateChange-ClimateLaw

Forced Migration After Paris COP21: Evaluating the “Climate Change Displacement Coordination Facility” By Phillip Dane Warren, Columbia Law Student and Former Sabin Center Intern. Climate change represents, perhaps, the greatest challenge of the twenty-first century. As temperatures and sea levels rise, governments around the world will face massive and unprecedented human displacement that international law currently has no mechanism to address.

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Contract Lifecycle Management: A Business Enabler Exploring On-Ground Challenges

CLM tools have always strived to push contract management into the digital age for almost 30 years. But the complexities of digitising a legal document are numerous. The current scenarios in business development have shown that having a fully automated CLM has become a mandate for every law firm and in-house legal department. To determine if you need a CLM system, it's essential to clearly identify the on-ground business challenges you aim to solve.

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New Sabin Center Report Finds NYISO Could Price Carbon in Wholesale Electricity Markets

ClimateChange-ClimateLaw

by Romany Webb and Justin Gundlach. There has been much talk in recent weeks about pricing carbon to reduce greenhouse gas emissions. Earlier this month, a group of former Republican cabinet members proposed adoption of a nationwide carbon price, starting at $40 per ton. That seems unlikely, however. Even the proposal’s main architect, former Secretary of State James Baker, acknowledged that he faces an “uphill slog” in convincing the federal government to act.

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Undoing the Past – New FCC Rescinds Rulings on Noncommercial Ownership Reports, Political Broadcasting Sponsorship Disclosure and Shared Services Agreements

Broadcast Law Blog

With the change in administration at the FCC, there are opportunities for certain actions to be taken very quickly, without going through the full process of a rulemaking requiring public notice of the proposed rule change and time for public comment. At the end of this last week, we saw the FCC’s Media Bureau take actions in three different proceedings directly applicable to broadcasters to undo what had been done during the prior administration – r escinding actions with respect to noncommerc

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What’s Up for Broadcasters in Washington Under the New Administration – A Look Ahead at TV and Radio FCC Issues for the Rest of 2017

Broadcast Law Blog

A new President and a new Chair of the FCC have already demonstrated that change is in the air in Washington. Already we’ve seen Chairman Pai lead the FCC to abolish the requirement that broadcasters maintain letters from the public about station operations in their public file (which will take effect once the Paperwork Reduction Act analysis is finalized), revoke the Media Bureau guidance that had limited Shared Services Agreements in connection with the sales of television stations, and rescin