Thank you for sharing!

Your article was successfully shared with the contacts you provided.
‘Grokster’ file-sharing software doesn’t infringe A unanimous panel of the 9th U.S. Circuit Court of Appeals last week said that the controversial software program and its competitors do not infringe film and music copyrights by facilitating file-sharing over the Internet. A coalition of movie studios and record companies had sued Grokster Ltd. and StreamCast Networks Inc.�distributor of Morpheus�in an attempt to shut down the trading of pirated content. But the three-judge panel flatly rejected the industry argument and ruled that the suit fails two legal tests used to determine liability for copyright infringement. “The copyright owners urge a re-examination of the law in the light of what they believe to be proper public policy,” the court said. Such a renovation would conflict with binding precedent and be unwise, it said. Metro-Goldwyn-Mayer v. Grokster, No. 04 C.D.O.S. 7624. It’s Tiffany v. eBay Tiffany and eBay are in court over a major question for Internet commerce: At what point does the online auction house bear responsibility for fake goods sold on its site? Tiffany has sued eBay in the Southern District of New York in Tiffany (NJ) Inc. v. eBay Inc., accusing it of trademark infringement by facilitating and promoting the sale of tens of thousands of pieces of counterfeit Tiffany jewelry. Last year, 971 million items were sold on eBay. Orders bar thousands of asbestos claims A federal bankruptcy judge last week issued orders that effectively bar tens of thousands of asbestos claims nationwide and provide a fund of about $500 million to pay claims against Travelers Indemnity Co. that relate to the bankruptcy of Johns-Manville Corp. Judge Burton Lifland of the Southern District of New York affirmed his determinations in the bankruptcy case, In re Johns-Manville Corp., including a 1986 indemnification agreement between Travelers and Johns-Manville, and held that the agreement bars direct lawsuits against Travelers. Johns-Manville collapsed under the weight of asbestos-related litigation and filed for bankruptcy in the 1980s. Lifland presided over the bankruptcy, the first and most prominent asbestos case in the country, including the creation of the Manville Trust. DNA profiling upheld A fiercely divided 9th U.S. Circuit Court of Appeals en banc panel upheld the federal government’s DNA databank last week, saying the high-tech tool does not violate the Fourth Amendment’s protection against unreasonable searches. A convicted bank robber, Thomas Kincade, challenged the constitutionality of collecting identifying genetic material, but the court said law enforcement interests outweigh privacy concerns. Federal authorities, like officials in 49 states, collect certain convicts’ DNA as a crime-fighting tool. U.S. v. Kincade, No. 04 C.D.O.S. 7542. Five dissenters issued an Orwellian warning�”1984 arrives twenty years later than predicted”�but Diarmuid O’Scannlain and other judges used a “totality of circumstances” test in siding with the government. Class action targets Ford Ford Motor Co. and Magna International Inc. have been targeted in a $395 million class action over door latches that have allegedly caused deaths and serious injuries. The claim, filed in Canada’s Ontario Superior Court, is seeking payment to replace latches on about 4 million light trucks and SUVs in the United States and 300,000 to 400,000 more in Canada. Toronto-based Will Barristers would represent Canadian Ford owners, while Motley Rice of Mt. Pleasant, S.C., would represent the Americans. Vehicles with the alleged defect, from the 1997 model year to 2000, include the F-150, Navigator and Blackwood. On impact, the doors on the side of the vehicle that was not hit allegedly spring open during accidents. Firms must review paralegal compensation Beginning on Aug. 23, law firms will need to determine whether their compensation policies for paralegals comport with the U.S. Department of Labor’s FairPay Overtime Rules. While the rules indicate that paralegals do not qualify as exempt learned professionals and therefore are entitled to overtime pay, assistants with other duties or working for certain employers may qualify for the administrative exemption. Workers earning less than $23,660 per year are guaranteed overtime protection. The Department of Labor asserts that the rules will strengthen overtime rights for 6.7 million Americans.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.