July, 2015

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“BREAKING NEWS: I am Still Alive.”

The Paralegal Society

Alright, alright, alright—I, the fearless founder, am here today to confirm that I did not (quite) fall off the face … Continue reading →

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LA Supervisors Should Heed Climate Imperative, Reverse Course on Proposed Wind Energy Ban

ClimateChange-ClimateLaw

By Nancy Rader, Executive Director of the California Wind Energy Association, and Michael B. Gerrard, Columbia Law Professor and Director of the Sabin Center. The Los Angeles County Board of Supervisors’ move to ban utility-scale wind turbines and to impose severe restrictions on utility-scale solar in unincorporated areas of the county is not compatible with averting the worst impacts of climate change.

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Why Do Lawyer Coaches Suggest Outsourcing to a Virtual Legal Assistant?

DigitalParalegalServices

3 Common Reasons Solo Attorneys Call a Virtual Legal Assistant. Smart lawyers often learn from their peers by engaging in mentor relationships. Some take it a step further and retain professional services of a lawyer coach. From time to time in my 6-year virtual paralegal practice, I have been privileged to receive referrals from lawyer coaches. A recent referral caused me to re-examine just exactly why the referrals are made.

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July Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Actions, CRB Webcasting Closing Argument and More

Broadcast Law Blog

Another month is upon us, with the typical list of FCC dates of importance – and some new issues (including incentive auction developments that will probably be a regular part of our news through a good part of next year). One date of importance to some TV broadcasters was yesterday – July 1 – when TV stations affiliated with one of the Big Four TV networks and located in the Top 60 TV markets need to be carrying at least 50 hours of prime time or children’s programming each quarter containing v

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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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Doug Austin has excellent advice for paralegals at eDiscovery Dailey.this column is a #MustFollow

ABC's of E-Discovery

Doug Austin's " Pitfalls Associated with Self-Collection of Data by Custodians: eDiscovery Best Practices " will save you, and therefore your client, time and money when you "self-collect" documents and files for discovery. Take a look at his article here and save a copy for your eDiscovery File: eDiscovery Pitfalls - Don't Fall!

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FCC Takes Hard Line on Efforts to Keep Alive Expiring Construction Permits for Both New FM Stations and Modifications of Existing Stations

Broadcast Law Blog

In the last month, the FCC has released two decisions dealing with efforts by holders of expiring FM construction permits to retain the rights to construct the technical facilities authorized by that permit beyond the expiration date of the permit. In one case , the FCC announced a policy that, from now on, the construction of temporary facilities will be insufficient to warrant the grant of a license application for a new station.

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A Compulsory License for Internet TV Platforms to Retransmit Broadcast TV? One US District Court Considering FilmOnX Seems to Think So

Broadcast Law Blog

Over-the-top video systems , using the Internet to transmit over-the-air TV signals to consumers, are back in the news. Last week, a US District Court Judge in the Central District of California, in a case involving FilmOnX , an Aereo-like service that had been involved in many of the court decisions that had preceded the Supreme Court’s Aereo decision, suggested that such platforms can get that public performance right through the statutory license provided by Section 111 of the Copyright Act –

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FCC Announces Comment Dates for Rulemaking on Post-Incentive Auction Channel Sharing and a Delay in Channel Sharing Webinar

Broadcast Law Blog

Last week, we noted that the FCC was planning for today a webinar on channel-sharing issues in connection with its incentive auction. That same article also summarized the FCC’s decision modifying the rules for channel sharing. Yesterday, the FCC announced that the webinar has been postponed until August 13 , presumably so that the FCC staff conducting the webinar can incorporate any decisions made at the FCC’s August 6 meeting, where the details for the procedures for the conduct of the incenti

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FCC Delays Consideration of TV Incentive Auction Procedures

Broadcast Law Blog

The FCC was today supposed to be considering the adoption of a public notice that would specify the detailed procedures to be used in the incentive auction (see our articles here and here ). In the incentive auction, the FCC will buy the spectrum used by a number of TV stations, repack the remaining TV stations into a more compact TV band, and then resell the vacated spectrum to wireless companies for wireless broadband and other wireless uses.

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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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FCC Asks for Comments on Petition for Rulemaking that Would Tie TV License Renewals to Restrictions on Blackouts after the Expiration of Retransmission Consent Agreements

Broadcast Law Blog

The FCC issued a public notice seeking comment on a Petition for Rulemaking filed by cable operator Mediacom asking for the FCC to require TV stations, in their license renewal applications , to certify that the licensee will not block any multichannel video programming distributor (i.e. cable or satellite TV) from carrying the signal of the station at the end of a retransmission consent agreement unless the station is accessible over-the-air or by Internet streams to at least 90% of the homes i

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Our Quarterly Review of the Legal and Regulatory Issues Facing TV Broadcasters

Broadcast Law Blog

Each quarter, my partner David O’Connor and I update a list of the legal and regulatory issues facing TV broadcasters. That list of issues is published by TVNewsCheck and is available on their website, here. Our latest update was published today, and provides a summary of the status of legal and regulatory issues ranging from the adoption of the ATSC 3.0 standard at one end of the alphabet to White Spaces and Wireless Microphones on the other – with summaries of other issues including JSAs , the

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FCC to Conduct Channel Sharing Webinar after Revising Rules for Post-Incentive Auction Channel Sharing

Broadcast Law Blog

A webinar to explain the new rules for TV stations that want to share 6 MHz channels after the incentive auction (so that the broadcasters sharing the channel post-auction can enjoy the financial benefit of selling one of their channels during the auction), will be held by the FCC on July 22 from 2 to 3 PM ET. Information about the webinar and a place to register can be found on the FCC website, here.

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California’s Residential Electricity Rate Reform – An Analysis

ClimateChange-ClimateLaw

Arijit Sen, Sabin Center Summer Intern. Recently, two competing plans to reform California’s four-tier electricity rate structure of the three investor-owned utilities (IOUs) [1] have emerged from the California Public Utilities Commission (CPUC). On April 21, 2015, CPUC administrative law judges (ALJs) McKinney and Halligan filed a proposal that suggests implementing a two-tiered system, with a 20% maximum difference in rates for customers.

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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TV Incentive Auction Moves Forward – The FCC Denies Reconsideration of Auction Framework, Asks for Comments on TVStudy Predictions of Station Coverage to be used in Determining Station Values

Broadcast Law Blog

Earlier this week, we wrote about the Court of Appeals decision denying appeals of the FCC’s 2014 order setting the framework for the incentive auction to reclaim spectrum used by TV stations and repurpose it for use by wireless companies to provide more high-speed wireless broadband opportunities. But, in addition to the appeals, there were also a number of petitions for reconsideration of the 2014 order.

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Incentive Auction Moves Forward – Denial of Court Appeal Clears the Way for the Auction, With Procedures to be Clarified at Next Week’s FCC Meeting

Broadcast Law Blog

The FCC’s stated goal for some time has been to conduct the broadcast incentive auction in 2016 – buying the spectrum used by a number of TV stations, repackaging it and selling it to wireless companies for wireless broadband purposes. This will happen in a very complicated process where there will be two simultaneous auctions, one for TV stations bidding to surrender their channels, and a second for wireless companies looking to buy that spectrum.

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Understanding the Murky State of the Performance Right in Pre-1972 Sound Recordings – Florida Court Rejects the Right yet Sirius XM Settles With the Record Labels

Broadcast Law Blog

It’s another summer with music copyright issues hitting the press almost every day. Over the next week or two, we will try to catch up on some of the legal issues raised by all the music news. First, let’s look at the significant actions in the last ten days in the battle over whether there is a public performance right in pre-1972 sound recordings.

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Does a Local Business Need Licenses from ASCAP, BMI and SESAC to Play My Radio or TV Station on Their Premises?

Broadcast Law Blog

Twice this morning, I was faced with the question of whether a business needs a license to play a radio or TV station on their premises , once in a story in one of the broadcast trade publications (see the article here , in the You Can’t Make This Up column toward the bottom of the article) about a gas station that thought that they got around paying ASCAP, BMI and SESAC fees by using “6 or 7” consumer radios around the station.

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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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Radio Music License Committee Settles Antitrust Suit Against SESAC – What Does it Mean for the Radio Industry?

Broadcast Law Blog

Yesterday, it was announced that the Radio Music License Committee (RMLC) settled its lawsuit with SESAC (see the press release here , and the full agreement here ), where the RMLC had charged that SESAC’s practices in collecting its music royalties from the radio industry violated the antitrust laws (we wrote about the filing of the lawsuit here ).

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Church Programming Not Exempt From Captioning Requirements – FCC Looks to Total Assets of Programmer in Denying Economic Exemptions, and Decides There are No Religious Freedom Constitutional Issues

Broadcast Law Blog

In several recent cases, the FCC has denied exemptions from the requirement that programming carried on TV stations and MVPDs have closed captions to serve the hearing impaired members of the viewing audience. While exemptions from these requirements are allowed if a programmer can demonstrate that the captioning would present an economic hardship , these waivers are difficult to receive as a programmer must show that, looking at its overall operations, there are insufficient financial resources

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$90,000 Payment to FCC by TV Owner for Claiming Reruns of One-Time Programs as Meeting “CORE” Children’s Educational and Informational Programming Requirement

Broadcast Law Blog

On Friday, the FCC announced a consent decree for violations of the requirements that TV stations provide at least three weekly hours of CORE programming addressing the educational and informational needs of children. The operator of eight TV and Class A TV stations in the southeast US agreed to make a $90,000 “voluntary contribution” to the Federal government and to adopt new practices to insure future compliance with the CORE programming requirements.