August, 2016

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A Little Paralegal Humor – The Profanity Edition

The Paralegal Society

WARNING: This post contains profanity, swear words, curse words, and other offensive words that may be off-putting to people who … Continue reading →

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What’s Up With Music Rights for Broadcasters and Webcasters? – A Presentation on Pending Issues

Broadcast Law Blog

While this summer has perhaps not brought the big headlines in trade press about copyright issues involving broadcasters – particularly in the area of music rights – there still are many issues that are active. I addressed some of those issues in a presentation earlier this month at the Texas Association of Broadcasters Annual Convention. I did my presentation in conjunction with a representative of SoundExchange, where he covered the nuts and bolts of the obligations of broadcasters and w

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On the Road at the 2016 ABA Annual Meeting

LegalTalkNetwork

“When our justice system fails these people, we must answer their call and fight on their behalf.” – Linda Klein, President of the American Bar Assocation 2016-2017. The 2016 ABA Annual Meeting took place in San Francisco, California. Like previous annual meetings, the venue was large and spread out amongst multiple hotels and establishments.

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How to Maintain Client Relationships: Like a Boss

The Paralegal Society

By: Jacqueline King Guess what, TPSers? Jackie’s back!

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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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Top Ten Tips for Paralegals on Slaying Stress and Surviving

The Paralegal Society

By: Jamie Collins Greetings, Paralegal Nation! Woot woot.

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FDA Continues to Schedule Marijuana as a Schedule I Drug – Doing Nothing to Clarify the Still Murky State of Broadcast Advertising

Broadcast Law Blog

Last week’s letter from the FDA detailing its position that there should be no change in marijuana being classified as a Schedule I drug under Federal law reinforces the fact that, under Federal law, the drug is still illegal – no matter what certain states may do to legalize or decriminalize its use. As the FDA’s decision emphasizes that the sale and distribution of the drug is still not permitted under Federal law, we thought that we would rerun the advice that we gave to broadcasters – Federa

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Stage 1 of the Incentive Auction Is Over – What’s Next?

Broadcast Law Blog

After the FCC increased the round-by-round bid increments Monday for the new mobile broadband blocks being offered in the forward auction (where wireless companies bid for spectrum which TV broadcasters had agreed to vacate in the initial “reverse auction” phase of the incentive auction), bidding slowed down considerably, and in just six rounds, Stage 1 of the forward auction was declared over yesterday afternoon.

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Reminder on August 30 Effective Date for Increases in FCC Application Fees

Broadcast Law Blog

While most broadcasters are awaiting word of when the FCC’s annual regulatory fees will be due (an announcement that should be coming any day now as regulatory fees will be paid in September by all commercial broadcasters to offset the cost of being regulated – in fact the Media Fee Filing Guide was just made available on the FCC website ), the FCC announced yesterday that its application fees are going up effective today.

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FCC’s Audio Division Case Clarifies Processing Rules for FM Upgrades and Forced Channel Changes

Broadcast Law Blog

Rules regarding the processing FM applications – particularly those involving upgrade applications that require the forced change of the channel on which another station is operating – can be very complicated. In a decision released the week before last , the FCC looked at all sorts of issues that can be raised by one of these applications – including clarifying the timing of the required reimbursement for the costs of the station that is being forced to change channels, the timing of required

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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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Update: Pirate Radio

Broadcast Law Blog

A few months ago, we wrote about pirate radio and the FCC’s efforts to stop these stations from popping up all around the country. In the last few weeks, the FCC has issued several fines to pirate radio operators – including one who shut down his operations and gave his transmitter to the FCC when they first inspected his facility, only to start up again someplace else a few weeks later (see the order proposing a $15,000 fine here ).

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Reminder: EAS Form One Registration Due By August 26 for All Broadcasters

Broadcast Law Blog

In our reminder on August regulatory dates for broadcasters , we noted that broadcasters must register their stations in a new FCC filing system that will allow them to electronically report on the success of the next EAS National Test , to be conducted on September 28. The new registration system, called EAS Test Reporting System (“ETRS”), requires all stations ( including LPFM stations ) to register by August 26 , by filling out what is referred to as Form One in that system.

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Update: More on Marijuana Advertising

Broadcast Law Blog

In the few days since I posted this update on concerns about marijuana advertising , there has been much attention devoted to the subject – and none of it undermines my belief that broadcasters need to continue to be cautious in this area. Yesterday, there was an article in the Sacramento Bee newspaper , specifically addressing the topic of potential marijuana advertising on broadcast outlets in light of the current ballot proposition in California proposing to decriminalize marijuana in the sta

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Preparing for the FCC’s Soon to be Released Decision on Changes to its Multiple Ownership Rules

Broadcast Law Blog

While the trade press has been full of reports that the FCC has voted on an order addressing the issues raised in its Quadrennial Review of its multiple ownership rules , and that the decision largely left those rules unchanged (including the broad ban on the cross-ownership of daily newspapers and broadcast stations ), no final decision on the review has yet been released.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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How To Follow the FCC Incentive Auction

Broadcast Law Blog

As the leaders of the FCC’s Incentive Auction Task Force said in opening a post on the FCC’s blog last week , “Who says nothing happens in Washington in August?” Bidding in the initial stage of the FCC Incentive Auction’s forward auction phase begins on Tuesday, August 16 th , and with it, the longest pre-auction run-up period in FCC history is finally over!

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Long Periods of Silence Can Jeopardize a Station’s License – $5000 Fine and Short-Term Renewal Given to a Station that had Been Silent for Extended Periods

Broadcast Law Blog

In a decision released last week , the FCC made clear that stations that have long periods in which they are not operated (perhaps being put back into operation for a day or two every year to avoid the automatic cancellation of their licenses) are not operating in the public interest , and are putting their license in jeopardy. In last week’s decision, the station had been essentially silent for most of the last 4 years of its license renewal period (sometimes forgetting to ask for FCC permissio

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Follow Up on Effective Dates of New Rules on E-Cig Advertising

Broadcast Law Blog

In recent days, there have been a number of broadcast trade press articles about new regulations that have gone into effect for e-cig advertising. We wrote about the FDA proceeding which dealt with these rules here. There appears to be much confusion over what the new rules require, and what is effective now and what will become effective after an FDA rulemaking to determine the specifics of the requirements for e-cig advertising.

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Programmatic Advertising Buying and the FCC’s Political Broadcasting Rules

Broadcast Law Blog

With the national presidential conventions complete, and most of the state primaries for Congressional, state and local offices either behind us or to occur in the next few weeks, the most concentrated period for the purchase of political advertising on broadcast stations is now upon us, to peak in the late October/early November frenzy. While most of the principles governing the FCC rules on political broadcasting are relatively established (and many are summarized in our Political Broadcasting

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Dangers of Digital "Reporting": Legal Risks and Unreliable Transcripts

In the world of legal proceedings, the choice between a certified stenographer and digital "reporting" holds significant implications. Certified stenographers go through rigorous training and testing and stand as the gold standard for accuracy in capturing every word. Their expertise ensures a reliable record, a crucial foundation for legal cases.

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Rural Towers Under 200 Feet May Need to Have Lights Under New FAA Authorization Law

Broadcast Law Blog

My law firm has long provided legal advice to companies that operate communications towers , and the lawyers involved in that practice area have alerted me to the following development which will require the marking and lighting of many towers not currently covered by such rules. Broadcasters and tower companies have long relied on FAA rules that generally don’t require the lighting of towers under 200 feet in height except when these shorter towers may interfere with the flight path of an airpo

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Special Reports is Now ‘On the Road with Legal Talk Network’

LegalTalkNetwork

If you’re a fan of Special Reports, then you know that Legal Talk Network travels the country pretty regularly to cover the biggest conferences in legal. We’re excited to share that starting today, Special Reports will now be called On the Road with Legal Talk Network. There will be a slight change in format and new artwork, but Legal Talk Network will keep bringing you the same great interviews with influential guests.

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You Don’t Have to Be a Lawyer to Love Legal Talk Network’s New Show, Planet Lex

LegalTalkNetwork

Let’s face it. Legal Talk Network makes podcasts for lawyers. We’re not ashamed of it. And as a legal nerd and podcast nerd, I love them, but when I’m recommending episodes to my non-lawyer friends, sometimes I run short. That’s why I’m so excited for our new podcast Planet Lex. For a podcast made by a law school (Northwestern Pritzker School of Law) with the dean as host, Planet Lex is surprisingly accessible and compelling to lawyers and non-lawyers alike.

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Sinclair Pays $9.4 Million to FCC to Settle Claims of Improper Joint Negotiation of Retransmission Consent Agreements

Broadcast Law Blog

Last week, the FCC announced a consent decree with Sinclair Broadcast Group where Sinclair agreed to pay $9.495 million to the FCC to settle claims that it negotiated retransmission consent agreements involving stations that it did not own with MVPDs (cable and satellite companies). Sinclair did not admit any liability – but stated that it settled the proceeding to get its license renewals granted and otherwise turn the page on the issues that were raised so that it could concentrate on ATS

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Optimizing Contract Management and Enhancing Team Collaboration: Insights from a Legal Operations Perspective

Speaker: Adina Marta Newman

Learn about a world of effective contract management and seamless teamwork across departments in this upcoming webinar from Cobblestone Software. You'll discover practical strategies and tips that legal professionals can use to streamline contract processes and enhance collaboration, making significant impact across legal and corporate departments. Join us as we show how you can supercharge contract processes, improve team communication, and take your contributions to the next level.

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FCC Seeks Comment on Another Request for Foreign Ownership of Broadcast Stations Above 25%

Broadcast Law Blog

Recently, we wrote about two cases seeking declaratory rulings from the FCC that non-US ownership of companies owning broadcast stations should be permitted even though that ownership would exceed the 25% standard that had been, until that last few years, the limit on such ownership. Last week, the FCC announced the filing of another such request – this one by Hemisphere Media Group looking to operate Spanish-language stations in the US.

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Debunking a Few Myths about the FCC’s Incentive Auction

Broadcast Law Blog

Jonathan Cohen , one of my partners at Wilkinson Barker Knauer LLP , has been closely following the incentive auction by which the FCC is looking to clear a significant part of the television band and take that spectrum, slice it up into different size blocks, and resell it to wireless companies. He has been guiding numerous companies through its complexities.

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Beware – Using Online Photos and Videos in Radio and TV Productions and on Websites Can Bring Lawsuits for Copyright Infringement if Rights are Not Secured in Advance

Broadcast Law Blog

Everyone who has a computer, smartphone, or other Internet-connected device has probably spent at least some time perusing photos or videos of cute pets or babies, or of the latest amazing (or sometimes amazingly stupid) things that people do. Broadcasters, in particular, with an audience to reach both through their over-the-air facilities and on their websites and mobile apps, may well want to share the content that they have found online.

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DOJ Recommends No Changes in ASCAP and BMI Consent Decrees, And Requires Full-Work Licensing – How It Affects Music Users

Broadcast Law Blog

The DOJ yesterday issued its long-awaited review of the ASCAP and BMI antitrust consent decrees. We wrote about the issues raised by the DOJ in its initial inquiry here. The questions that had been advanced in DOJ’s initial notice included (1) whether to allow music publishers to partially withdraw their catalogs from one of the PROs (Performing Rights Organizations) to negotiate directly with some class of music users (principally a review to determine if certain big publishers could negotiate

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Visibility Into the Strategy & Supporting Documents of Major US Law Firms

Law Firm Intelligence by Trellis aggregates state trial court data across the Trellis platform enabling users to: look up a particular metric related to a specific law firm (such as, how many cases a law firm had or has against another law firm), and see the actual dockets and documents supporting the metric. Trellis data is maximized in a revolutionary and unique way to provide users an exclusive look into a law firm litigating in state trial courts.