October, 2016

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Life Lesson: A Little Less Adulting and A Lot More Silly!

The Paralegal Society

By: Daphne Greve Welcome back, TPS Nation!

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Developing an Agenda for the Protection of Persons Displaced by Disasters and Climate Change

ClimateChange-ClimateLaw

Jessica Wentz, Staff Attorney and Associate Research Scholar. Last week, I attended the Advisory Committee Workshop of the Platform on Disaster Displacement in Geneva. The Platform is the successor to the Nansen Initiative – a state-led global consultative process aimed at identifying effective practices and building consensus on normative standards for the protection of persons displaced across borders in the context of disasters and climate change.

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Trademark Basics, Part Three: Nine Benefits of Federally Registering Your Trademarks (and How to Register)

Broadcast Law Blog

In last week’s Part Two of our series on Trademark Basics , we discussed the benefits of conducting a clearance search to try to ensure that the mark you are considering adopting doesn’t infringe on the rights of anyone else. Say the results of your clearance search have come back clean and, according to your trusted legal advisor, you should be able to use your trademark without worrying about being slapped with a demand letter.

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How to Act in Your Best Interests If You Are Injured at Work

LawActually

Featured Post One of the worst things that can happen to a person is to be injured at work. Even though there are rights and laws in place to put you in the best possible place during this trying time, these laws won’t act for you. It’s important to do everything you can to fight for yourself. Here are a few ways to get through a workplace injury with the best possible outcome. 1) Immediately Talk to HR and File a Claim.

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Empower Your Firm: The Modern Guide To Litigation Financing

Litigation is expensive. Expert witnesses, depositions, staffing, and a long list of other expenses can limit your firm’s options. They strain cash flow, limit taking on new clients, and can even impact case strategy. This guide simplifies the complex world of litigation financing and compares different models and how they can impact the access to justice your firm provides to clients.

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Announcing “Thomson Reuters: Down the Hall with Practical Law” Podcast

LegalTalkNetwork

We are pleased to announce Thomson Reuters’ new podcast joining our network. You can read the official press release below: Thomson Reuters Practical Law Launches New Podcast: “Down the Hall with Practical Law”. EAGAN, MInn., October 6, 2016 – Attorneys can now take a “walk down the hall” anytime to obtain legal know-how from experts who are part of Practical Law’s team of over 200 attorney editors.

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NAB Announces Agreements with Sony and Warner to Waive Performance Complement and Other Statutory Requirements for Broadcasters Who Stream Their Signals

Broadcast Law Blog

The NAB has announced agreements with Sony and Warner Music Groups to waive certain of the statutory requirements for broadcasters who stream their over-the-air signals on the Internet. The NAB had entered into similar agreements with all of the major labels and major independent labels back in 2009 (see our summary here ). But those agreements expired at the end of 2015, giving rise to fears among some broadcasters that some standard broadcast programming could not be streamed on the Internet

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Trademark Basics, Halloween Special: Tips and Tales From the Trademark Crypt

Broadcast Law Blog

Over the last few weeks, we’ve offered insights about how you can stay out of legal hot water by establishing good practices with regard to your company’s trademark portfolio (see Part 5 of our Trade Basics series here , which contains links at the end to the other parts of the series). Unfortunately, not all companies have followed such wisdom. With Halloween just around the corner, we thought you might appreciate some Tips and Tales from the Trademark Crypt!

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Update on the SESAC Royalty Arbitration Proceedings with the Radio and TV Industries

Broadcast Law Blog

SESAC was, until recently, the only one of the three major performing rights organizations (PROs ) that was not subject to an antitrust consent decree – meaning that it could set the rates that it wanted without any oversight by any court or other judicial body. For practical purposes, that ended when the radio and television industries separately sued SESAC claiming antitrust violations.

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November Regulatory Dates For Broadcasters – Incentive Auction, EAS, Political and More

Broadcast Law Blog

November is one of those few months where there is a very light load of routine regulatory filings for broadcasters. This is a month with no routine FCC ownership or children’s television reports. There are no routine EEO reports for the public file, and no other FCC regularly-scheduled deadlines. Of course, there are several other dates that broadcasters need to be aware of.

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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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FCC Sets Hearing to Determine if Station License Renewal Should Be Denied For Conducting Unsafe Contest

Broadcast Law Blog

Last week, we wrote an article which received much attention, addressing the legal issues that could come up if contests are not conducted properly. One issue that we did not anticipate was reflected in an FCC order released yesterday, designating for hearing the license renewal of the Entercom Sacramento radio station that was involved in the “Hold Your Wee For Wii” contest that led to the death of a contestant.

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Three Last Minute Political Issues for Consideration by Broadcasters

Broadcast Law Blog

We’re down to the last week and a half before the election, but broadcasters can’t let up quite yet, as the last week is almost always the busiest for political advertising. Candidates, PACs and other groups try to get the last word before the voters go to the polls. Here are three issues that broadcasters should be considering in these last days before the election: Weekend Access.

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Demands to Pull Political Attack Ads – What is a Station to Do? 

Broadcast Law Blog

As we approach Election Day, the political ads seem to be getting more and more frequent, and often more and more nasty. With the rise in the number of attack ads , stations are facing more and more demands from candidates who are being attacked in these ads, asking that the ads be pulled from the airwaves because the content is not truthful or otherwise presents a distorted picture of reality.

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Trademark Basics, Part Five: Trademarks on the Internet

Broadcast Law Blog

Once you have identified your marks and sought protection through registration for some or all of them, there are still going to be other issues that you will need to consider. Trademark owners have an obligation to police their marks and take steps to stop infringers. Otherwise, they may run the risk that someone else will profit off their marks or tarnish the reputation they have developed for those marks.

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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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Summaries of the Legal Issues Facing Radio and TV Broadcasters – Staying on Top of Your Regulatory Obligations

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. This 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 quick updates on the status of other issues includin

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What Could Possibly Go Wrong With a Broadcast Contest? – From the Legal Side

Broadcast Law Blog

Earlier this week, our friends at the broadcast and digital media consulting and research firm Jacobs Media posted an article on their blog called “ What Could Possibly Go Wrong ,” dealing with the financial and reputational issues that can arise if a contest is not fully thought out. That article reminded me of all of the legal issues that we have written about over the years that can arise if all of the issues with a broadcast contest are not carefully considered.

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Trademark Basics Part 4: Trademark Housekeeping 101 – Conducting a Trademark Audit

Broadcast Law Blog

Last week, we discussed the benefits of federally registering your trademarks. But having a few federal registrations under your belt doesn’t mean your task of building a valuable trademark portfolio is complete. There are several additional steps you can take to make sure you are managing your trademarks wisely and getting the most value from them.

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Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Broadcast Law Blog

There is nothing new about the FTC bringing enforcement actions based on deceptive advertising practices. Those cases are the FTC’s bread and butter. But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect , buy , and sell consumer information and play other behind-the-scenes roles in marketing campaigns.

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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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Reminder: October 31 Last Day to Seek 250 Mile Waiver for FM Translators Moves to Rebroadcast AM Stations

Broadcast Law Blog

All this year, the FCC has been busy processing applications by AM broadcasters to buy an FM translator or a translator construction permit , and to move the translator as much as 250 miles to rebroadcast an AM station. We wrote about the Commission’s rules for these translator moves, as set out in December, here. These translator moves have been very successful for many AM stations, giving them an opportunity to put their programming on an FM channel in their market for the first time.

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Emergency Communications Updates: FCC Hotline for Hurricane Matthew, Reminder on Accessibility of Emergency Warnings, and Possible Extension for Audio Conversion of Certain Visual Emergency Information

Broadcast Law Blog

With the approach of Hurricane Matthew to the coast of the southeast United States, emergency communications is a high priority for all media outlets. Emergency communications have also been a hot issue at the FCC – with 3 notices in the last week dealing with this important subject. One notice was to provide emergency contact information at the FCC which will be available 24 hours a day during the Hurricane for any assistance that the agency can provide.

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Clio Cloud Conference 2016: The Truth in Numbers

LegalTalkNetwork

Some say that lawyers and numbers don’t mix. Well, perhaps that’s because they never seem to be in the same place at the same time… at least until now. At this year’s Clio Cloud Conference, my third, the dominant dialogue focused around key performance indicators. You know, those figures that CEOs, CFOs, and COOs typically worry about to measure the efficiency and profitability of their companies.

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October Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, EEO Obligations, Noncommercial Biennial Ownership Reports, and Incentive Auction Comment Deadlines

Broadcast Law Blog

Another month has started – and it is one with regulatory dates for broadcasters. All broadcasters, commercial and noncommercial, have an obligation to complete their Quarterly Issues Programs lists and place them into their public inspection filed by October 10. For TV stations and large-market commercial radio, that means that these lists need to be in the online public file by that date (see our article here about the online public file for radio ).

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California Civil Discovery Act Undergoes Significant Overhaul

Short article looking at the new CCP 2016.

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More Lawsuits for Unauthorized Use of Photos – Even on Social Media Sites

Broadcast Law Blog

In recent weeks, we have continued to see copyright lawsuits against broadcasters filed by photographers who allege that their photos have been used without permission. This spate of lawsuits has not been confined to filings against broadcast companies – even the Donald Trump campaign has reportedly been sued recently for his son’s tweet of a picture of a bowl of Skittles in his now-famous tweet comparing Syrian refugees to the candy treats.

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What to do When a Local Political Candidate Appears in a Spot Advertisement for a Commercial Business

Broadcast Law Blog

This has been an unusual political year, as the number of political broadcasting legal issues that have arisen seems far smaller than in past election cycles. Perhaps broadcasters are all on top of the issues this year, or maybe the questions that often arise in connection with attack ads simply pale in comparison to some of the non-advertising attacks that take place every day in the news and on other political-themed broadcast and cable programming.