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May 7, 2018

Week in Review

By Jana Slavina Farmer
Edited by Elissa D. Hecker

President Trump Hired Lawyer With Impeachment Experience

President Trump retained Emmet T. Flood, who represented Bill Clinton during his impeachment. Flood will replace attorney Ty Cobb, who previously advised Trump on cooperation with special counsel Robert S. Mueller III during the first year of the investigation. Back in March 2018, Trump denied via Twitter the intent to retain another lawyer after the New York Times reported that Flood interviewed for the job.

https://www.nytimes.com/2018/05/02/us/politics/emmet-flood-ty-cobb-white-house-lawyer-special-counsel.html

https://www.nytimes.com/2018/03/10/us/politics/trump-mueller-flood.html

Iowa's Governor Signs The Nation's Strictest Abortion Statute Into Law

Iowa's governor, Kim Reynolds, signed into law the nation's strictest law on abortion. Abortion is now outlawed in the state at the point at which doctors can detect a fetal heartbeat, which typically occurs at six weeks. Planned Parenthood of the Heartland vowed to challenge the new law in court.

https://www.nytimes.com/2018/05/02/us/iowa-abortion-law-bill.html

Stormy Daniels Sues President Trump For Defamation

Stormy Daniels filed suit in New York federal court last Monday. She alleged defamation against President Trump over his tweet in which he dismissed and disparaged a composite sketch that Daniels claims depicted a man who threatened her in 2011 to stay quiet about her alleged sexual encounter with Trump.

https://abcnews.go.com/Politics/wireStory/porn-star-stormy-daniels-sues-president-trump-defamation-54833023

U.S. May Limit Access For Chinese Researchers

The White House, concerned with the rise of China's technological prowess, is considering strict measures to block Chinese citizens from performing sensitive research at American universities so as to prevent China from acquiring America's intellectual secrets. American officials fear that China's alleged recent tests of cloaking technology for fighter jets are tied to the work of a Chinese researcher at a
Duke University laboratory in 2008.

https://www.nytimes.com/2018/04/30/us/politics/trump-china-researchers-espionage.html

U.S. Delays Tariffs On European Union, Canada and Mexico

The Trump administration announced that it would delay for another 30 days the imposition of steel and aluminum tariffs on the European Union, Canada and Mexico. The extension is said to reflect the Trump administration's concern of possible retaliation by the European nations and its need for more time to resolve the trade disagreements with China.

https://www.nytimes.com/2018/04/30/us/politics/white-house-delays-tariffs-eu-canada-mexico.html

Hungary's Judicial Chief Accused Of Interfering With The Judiciary

Following the recent re-election in Hungary of Viktor Orban, a far-right prime minister, multiple judges resigned in quick succession. Last Wednesday, a panel of senior judges accused the President of the National Judiciary Office, Tunde Hando, of interference with the hiring and promotion of judges. Hando is also one of Prime Minister Orban's oldest friends and allies.

https://www.nytimes.com/2018/05/02/world/europe/hungary-judges-independence.html

https://www.nytimes.com/2018/05/01/world/europe/hungary-viktor-orban-judges.html

Below, for your browsing convenience, the categories are divided into Entertainment, Art, Sports, and Media

Entertainment

Ex-Employee Sues Weinstein; Allegations May Be Of Interest To The Manhattan District Attorney

Alexandra Canosa, a producer on the Netflix show "Marco Polo" and former employee of Harvey Weinstein, filed a lawsuit against him alleging repeated sexual assault and rape spanning years. Three of the claimed incidents are alleged to have taken place in Manhattan in 2010 and 2012. While many complaints previously asserted against Weinstein occurred too long ago to be prosecuted, some speculate that Canosa's claims might qualify as more serious sex crimes that have no statutes of limitation.

https://www.nytimes.com/2018/05/02/nyregion/harvey-weinstein-sexual-assault.html

Epic Games, Inc. Is Suing A Teenager For Cheating

Epic Games, Inc., the maker of the popular "Fortnite" video game, is suing a teenager for copyright infringement. Epic Games claims that popularizing and publishing cheat codes violates the user agreement. The teenager and his mother are defending the claim by arguing that the end-user license agreement and terms of service were not valid, as the player was a minor and the company did not seek parental consent. Epic Games argues that the agreements are valid, pointing out that the teenager agreed to be bound by its user agreements 14 times, i.e. each time he created a new game account after prior accounts were taken down for alleged cheating.

https://www.law360.com/ip/articles/1036478

Roman Polanski And Bill Cosby Expelled From The Movie Academy

The Academy of Motion Picture Arts and Sciences voted to expel Bill Cosby and director Roman Polanski from its membership. Harvey Weinstein was expelled last fall.

http://deadline.com/2018/05/movie-academy-bill-cosby-roman-polanski-kicked-out-membership-1202382142/

Art and Cultural Heritage

National Endowment For The Arts Chairwoman To Step Down In June

The current chairwoman for the National Endowment for the Arts (NEA), Jane Chu, announced that she would step down from her post in June. President Trump, who tried to eliminate the NEA twice, will now appoint the new chairperson.

https://www.nytimes.com/2018/05/02/arts/jane-chu-nea-chairwoman-to-step-down.html

https://www.nytimes.com/2017/03/15/arts/nea-neh-endowments-trump.html

U.S. Returns Smuggled Artifacts To Bagdad

The U.S. returned to Iraq 3,800 ancient artifacts that had been smuggled into the United States and shipped to Hobby Lobby, a nationwide arts and crafts retailer. Cuneiform tablets, seals, and a bull were falsely labeled as tile samples for Hobby Lobby and were intercepted by customs agents. Last year, Hobby Lobby settled a civil lawsuit with the U.S. government, agreeing to forfeit thousands of Iraqi artifacts, among other concessions.

http://english.alarabiya.net/en/variety/2018/05/03/US-returns-3-800-smuggled-artifacts-to-Iraq.html

Atlanta Experiencing Film-Making Boom Following Favorable Tax Law

Back in 2008, Georgia's governor signed a new tax law, which allowed for up to 30% of film production spending to be transferred into tax credits as long as a Georgia vendor is used. According to the Georgia Department of Economic Development, Georgia has become one of the top filming locations in the world. About 40 major movies and network television shows are being filmed in the state.

https://www.nytimes.com/2018/05/04/theater/atlanta-film-television-boom-theater-actors.html

Collector Banned From Exhibiting Art In An Industrial District of Berlin

Berlin authorities banned art collector Axel Haubrok from hosting art exhibitions in a complex occupied by tradespeople and artists in the district of Lichtenberg, an industrial area of eastern Berlin, citing zoning violations.

https://www.theartnewspaper.com/news/berlin-bans-collector-from-exhibiting-art-in-industrial-district?utm_source=weekly_%20may4_2018&utm_medium=email&utm_campaign=email_weekly

The British Museum In The Spotlight Over Benin Artifacts Looted From Nigeria

After the Victoria and Albert Museum offered to return Ethiopia's looted Maqdala treasures to the country on long-term loan, the British Museum is coming into the spotlight as it houses a large collection of Benin bronzes, looted from Nigeria under similar circumstances as the Maqdala artifacts. The Benin punitive expedition took place in 1897 to avenge the massacre of several British citizens. The royal palace was plundered as a result. The British Museum previously resisted repatriation efforts, stating that "there is great value in presenting the Benin collection in a global context, alongside the stories of other cultures". The museum's stance may change, however, as an initiative by a group of European museums and Nigerian parties, the Benin Dialogue Group, is encouraging the museum to return of some Benin objects to Nigeria on long-term loan.

https://www.theartnewspaper.com/news/will-british-museum-lend-back-the-benin-bronzes?utm_source=weekly_%20may4_2018&utm_medium=email&utm_campaign=email_weekly

Russia Warns That Its Presence At The Architecture Biennale In Venice May Bring About Protests

Vladimir Aristarkhov, the deputy culture minister of Russia, issued a warning that the country's exhibition at the Russian Pavilion of the Architecture Biennale in Venice, which opens this month, may be a target for protests or "provocations."

https://www.theartnewspaper.com/news/russian-minister-issues-biennale-warning?utm_source=daily_may1_2018&utm_medium=email&utm_campaign=email_daily&utm_source=The+Art+Newspaper+Newsletters&utm_campaign=d8ae18f867-EMAIL_CAMPAIGN_2018_04_18&utm_medium=email&utm_term=0_c459f924d0-d8ae18f867-61069025

Scotland Yard Joins Efforts To Repatriate Looted Pharaonic Artifacts

Scotland Yard is collaborating with the British Museum and the governments of Egypt and Sudan in creating a public database of 80,000 pharaonic artifacts that have passed through the trade or have been in private collections since 1970. While inclusion in the database does not mean that an artifact was looted, the database is meant to assist law enforcement officials in tracking down provenance.

https://www.theartnewspaper.com/news/scotland-yard-joins-global-crackdown-on-looted-pharaonic-antiquities?utm_source=daily_april30_2018&utm_medium=email&utm_campaign=email_daily&utm_source=The+Art+Newspaper+Newsletters&utm_campaign=be3cf07448-EMAIL_CAMPAIGN_2018_04_18&utm_medium=email&utm_term=0_c459f924d0-be3cf07448-61069025

As Americans Argue Over The Prom Dress, Chinese Wonder Why

Keziah Daum, who posted photographs of herself wearing a Chinese-style dress to her high school prom, was subjected to a volley of social media outrage by Asian-Americans for cultural appropriation and disrespect to the Chinese culture. On the other hand, many residents of China, Hong Kong, and Taiwan view Daum's choice of dress as a victory for Chinese culture.

https://www.nytimes.com/2018/05/02/world/asia/chinese-prom-dress.html

Sports

49ers Safety Who Knelt During National Anthem Files Grievance Against the National Football League For Retaliation

Eric Reid, the San Francisco 49ers safety, was one of the players who knelt during the national anthem for the past two seasons of the National Football League (NFL) games, protesting against social injustice and police brutality against African-Americans. He has now filed a grievance against the NFL, alleging that he was "blackballed" because of his actions.

https://www.nytimes.com/2018/05/02/sports/football/eric-reid-grievance.html

A Sweeping Overhaul Is Taking Place At Nike

Following multiple complaints by women alleging harassment and a toxic work environment and a string of recent departures of top male executives, Nike has begun a comprehensive review of its human resources operations, making management training mandatory and revising many of its internal reporting procedures.

https://www.nytimes.com/2018/04/28/business/nike-women.html

Russian Doping Whistle-Blower Sues Three Olympic Athletes and The Nets Owner

Grigory Rodchenkov, the whistle-blower who publicly detailed Russia's alleged Olympic doping schemes, responded to a defamation lawsuit against him by counterclaiming against three former Olympic athletes and taking aim at Mikhail D. Prokhorov, the controlling owner of the National Basketball Association's Brooklyn Nets, who reportedly is partly financing their legal fight.

https://www.nytimes.com/2018/04/30/sports/prokhorov-rodchenkov-russia-doping.html

Media

Three Women Sue Charlie Rose For Sexual Harassment

Three women sued Charlie Rose and CBS, claiming that the former anchorman sexually harassed them and that the network failed to stop the behavior. The lawsuit follows a recent exposé published by the Washington Post, detailing the newspaper's investigation into Rose's behavior.

https://www.nytimes.com/2018/05/04/business/media/charlie-rose-harassment-lawsuit.html

https://www.washingtonpost.com/charlie-roses-misconduct-was-widespread-at-cbs-and-three-managers-were-warned-investigation-finds/2018/05/02/80613d24-3228-11e8-94fa-32d48460b955_story.html?noredirect=on&utm_term=.86f2f6bbf078

Time Warner And AT&T Merger Is Awaiting Judicial Approval

Arguments closed on Monday in the courtroom battle over the proposed Time Warner and AT&T merger. The Justice Department argued that the merger will harm the consumers by lessening competition. The proponents of the merger claimed that it would benefit consumers, as it would allow Time Warner and AT&T to compete more effectively against companies like Google and Netflix. Judge Richard J. Leon of United States District Court for the District of Columbia is expected to rule on the case on June 12th.

https://www.nytimes.com/2018/04/30/technology/att-time-warner-trial.html

Cambridge Analytica To File For Bankruptcy

Cambridge Analytica announced its intent to cease operations and to file for bankruptcy protection after facing a data-harvesting scandal involving the private data of approximately 87 million Facebook users. The harvested data may be sold to the highest bidder in bankruptcy.

https://www.nytimes.com/2018/05/02/us/politics/cambridge-analytica-shut-down.html; http://www.businessinsider.com/cambridge-analyticas-data-may-be-sold-to-the-highest-bidder-in-bankruptcy-2018-5

Montgomery's Top Newspaper Confesses Careless And Dehumanizing Prior Coverage Of Lynchings

Following the recent opening of a memorial honoring lynching victims in Montgomery, Alabama, the city's largest newspaper, The Montgomery Advertiser, admitted in an editorial and a news article that its own prior coverage of the black victims was dismissive and dehumanizing, and blamed the victims for the alleged crimes without any evidence of guilt.

https://www.nytimes.com/2018/04/29/us/lynching-memorial-newspaper.html

Thousands Protest Internet Censorship In Russia

The Russian government's recent effort to block Telegram, a messaging app, was met with protests that morphed into anti-Putin rallies. As the effort to shut down Telegram also resulted in blocking several top websites, including the Russian equivalents of Google and Facebook, the business sector vocally opposed the government's efforts as well.

https://www.nytimes.com/2018/04/30/world/europe/russia-telegram-digital-resistance.html

May 10, 2018

EASL SPRING MEETING - 5 MCLE Credits

5.0 MCLE Credits in Professional Practice
Date: Tuesday, May 15, 2018
Time: 1:30 PM - 6:00 PM EDT
Reception To Follow

1:30 p.m. - 2:45 p.m. Cutting-Edge Case Developments in Entertainment Law

This discussion of recent court cases will cover such topics, among others, as trademark cancellation claims against celebrity brand managers, entertainment industry litigation-funding disputes, timeliness of fraud claims by TV show producers, limits on former members' ability to use band names, objection clauses in reality-show release agreements, Lanham Act claims over TV series titles, trademark claims over phrases from songs, interplay between discovery requests and statute of limitations in copyright infringement litigation, personal jurisdiction over attorneys in entertainment malpractice litigation, and attempts to depose general counsel in entertainment brand-licensing battles.

Speaker: Stan Soocher, Esq., Editor-in-Chief, Entertainment Law & Finance

2:55 p.m. - 4:35 p.m. Recent Developments in The Right of Publicity

This panel will provide an overview of the right of publicity, first statutorily recognized by the State of New York in 1903 and its continuing evolution, including discussion of current high-profile litigation involving Lindsay Lohan and Lifetime Television, and currently proposed New York State legislative action that would make substantial modification in existing law. The moderator will be Sandra Baron, former Executive Director of the Media Law Resource Center and current Senior Fellow, Information Society Project at Yale School of Law.

Moderator: Sandra Baron, Esq., Senior Fellow, Information Society Project and Abrams Institute for Freedom of Expression at Yale Law School
Speakers:
Jeremy Feigelson, Esq., Litigation Partner, Debevoise & Plimpton and Co-Chair Cybersecurity and Data Privacy
Sarah A. Howes, Esq., Director and Counsel, Government Affairs and Public Policy, SAG-AFTRA
Edward Rosenthal, Esq., Partner, Frankfurt Kurnit Klein & Selz and Chair, Intellectual Property and Litigation
Elizabeth Seidlin-Bernstein, Of Counsel, Ballard Spahr LLP

4:45 p.m. - 6:00 p.m. Sports Gambling in the United States -- PASPA and Beyond

A moderated panel discussion will focus on developments in US sports gambling, including one of the most anticipated decisions of the current Supreme Court term in Murphy v. NCAA, which remains to be issued. This decision may ultimately decide the fate of sports gambling in the US and has the potential to create major changes for governments, regulators and gaming advocates alike. The case involves New Jersey's challenge to the nationwide ban on federal sports gambling known as the Professional and Amateur Sports Protection Act -- PASPA. There are several possible outcomes for the case, which may be decided in advance of the spring meeting, each of which presents its own unique subset of questions that will need to be answered depending upon how the Justices rule.

Moderator: Eben Novy-Williams, Bloomberg News Sports Business Reporter
Speakers:
Anthony J. Dryer, Esq., Partner, Intellectual Property Litigation and Sports Group at Skadden, Arps, Slate, Meagher & Flom LLP
Daniel Etna, Esq., Partner, Corporate Department and Co-Chair Sports Law Group at Herrick, Feinstein LLP
Bennett M. Liebman, Esq., Government Lawyer-in-Residence at Albany Law School; formerly Gov. Andrew M. Cuomo's Deputy Secretary for Gaming and Racing
Audrey Sheetz, Esq., Associate, Litigation Department, at Herrick, Feinstein LLP

6:00 p.m. - 7:00 p.m. Reception

New Jersey Employers Must Provide Paid Sick Leave Beginning October 29th

By Kristine A. Sova
www.sovalaw.com

A new state law in New Jersey requires employers to provide paid sick leave to their employees. The new law goes into effect on October 29, 2018.

Under the new law, employers must provide employees with up to 40 hours of paid sick leave each benefit year. Employees will be able to accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours of sick leave time during the benefit year. Further, employees will be able to use their leave time for their own physical or mental condition, to care for a family member's physical or mental condition, to attend a school-related conference or meeting for the employee's child, to obtain services if the employee or a family member is a victim of domestic or sexual abuse, or for official workplace, school or childcare closures caused by a public health concern.

All employers must comply with the new law. There is no exception for small employers, regardless of the number of workers employed. However, the new law exempts the following specific categories of workers: per diem health care workers, construction workers covered by a collective bargaining agreement, and public employees who are already provided with sick leave with full pay.

The new law preempts all existing municipal and county sick leave laws. Employers with paid sick leave policies with terms more favorable to employees than those set forth in the new law will be in compliance with the new law.

The new law also addresses carry over of unused paid sick leave, notice requirements for an employee's use of leave, payout of unused paid sick leave on termination of employment, and recordkeeping requirements, among other requirements.

May 14, 2018

U.S. Supreme Court Rules That the Professional and Amateur Sports Protection Act is Unconstitutional

By Barry Skidelsky

In Murphy v. NCAA, a hot-off-the-presses decision of the United States Supreme Court dated May 14, 2018 (https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf), SCOTUS declared that a federal statutory ban relating to sports gambling known as the Professional and Amateur Sports Protection Act (PASPA) is unconstitutional.

Effectively ending prohibitions on a $100 billion industry, this decision reverses that of the Third Circuit below, which previously upheld the restrictions on wagering outside of Nevada. Several states and others have been eagerly awaiting this decision, which in part is also relevant to the limits of the federal government over states' regulatory powers.

The decision will be an extremely relevant topic of discussion among our sports law panelists during EASL's Spring Meeting afternoon program on May 15th. The cost for EASL members to attend is only $50, and includes 5 hours of CLE credit and a post-program networking reception.

I look forward to seeing you then. For more information and to register, visit www.nysba.org/easl.

Barry Skidelsky
Chair NYS Bar Association, Entertainment Arts and Sports Law section (EASL)
bskidelsky@mindspring.com

Introduction to Entertainment Law

Wednesday, June 13, 2018
9:00 a.m. - 4:00 p.m.
Live CLE Program & Webcast

www.nysba.org/EntertainmentIntro2018/

American Management Association Executive Conference Center
1601 Broadway at West 48th Street
New York, NY 10019

Program Co-Chairs
Diane Krausz, Esq.| Diane Krausz & Associates
Stephen B. Rodner, Esq. | Pryor Cashman LLP
Rosemarie Tully, Esq. | Rosemarie Tully, P.C.

EASL Section Chair
Barry Skidelsky, Esq. | Barry Skidelsky Law Office

Sponsored by the Entertainment, Arts and Sports Law Section and the Committee on Continuing Legal Education of the New York State Bar Association.

6.0 MCLE Credits: 4.0 Areas of Professional Practice, 2.0 Skills

NYSBA Member: $195 | Non-Member: $295
Entertainment, Arts and Sports Law Section Member: $145
Lunch Included in Registration Fee.

Agenda Topics

· Immigration Issues for Foreign Talent
Kimberly N. Grant, Esq. | Pryor Cashman LLP

· Overview of Music Law Basics
Joyce Syndee Dollinger, Esq. | Alter, Kendrick & Baron
Rosemarie Tully, Esq. | Rosemarie Tully, P.C.

· Practical Skills to Succeed in Entertainment Law
Cheryl Davis, Esq., | The Authors Guild, Inc.
Oliver Herzfeld, Esq. | Beanstalk Group
Louise Firestone, Esq. | LVMH

· Life Story Rights - How the Deals are Made in Film, Television, Theater and Beyond
Stephen B. Rodner, Esq. | Pryor Cashman LLP

· Anatomy of a Film Production Deal
Robert Seigel, Esq. | The Law Office of Robert L. Seigel

· Trending Issues in Sports Law
Emma Barnett, Esq. | Madison Square Garden Company
Eric Fisher, Esq. | Madison Square Garden Company

Week In Review

By Angela Peco
Edited by Elissa D. Hecker

GENERAL NEWS

President Trump Withdraws From Iran Nuclear Deal

Trump declared an end to participation in the Joint Comprehensive Plan of Action in a speech filled with harsh rhetoric against Iran. While the United States will now reimpose sanctions on oil and impose new sanctions against the Central Bank of Iran, European companies will have 90-180 days to wind down operations in Iran, or they will run afoul of the American banking system.

The European Union foreign policy chief said that member states were fully committed to preserving the deal. Iran will remain as well, but President Rouhani warned that Iran's atomic energy agency is prepared to restart "industrial scale" uranium enrichment if a deal with European countries as well as Russia and China fails to secure its interests.

https://www.nytimes.com/2018/05/08/world/middleeast/trump-iran-nuclear-deal.html

North Korea Releases Three American Prisoners; Nuclear Summit Meeting Set for June

North Korea freed three prisoners, all Americans of Korean descent, as the two countries finalize details for a June meeting between Trump and Kim Jong-un in Singapore.

https://www.nytimes.com/2018/05/09/us/politics/trump-korea-detainees-pompeo.html

https://www.nytimes.com/2018/05/10/world/asia/trump-north-korea-singapore.html

Confirmation Hearings Underway for Central Intelligence Agency Nominee Gina Haspel

Gina Haspel, nominee for Central Intelligence Agency (CIA) Director, vowed that she would not start another detention and interrogation program like the one developed under President Bush after 9/11. Haspel oversaw a secret detention facility in Thailand in 2012 where an al Qaeda suspect was waterboarded.

Haspel pushed back against suggestions that she declassify more information about her background, saying the director should be subject to agency guidelines on keeping its secrets. Haspel also defended the destruction of tapes documenting interrogations, citing concerns about the security risks the tapes posed if they were to become public.

https://www.nytimes.com/2018/05/09/us/politics/gina-haspel-cia-senate-confirmation-hearing.html

Eric Schneiderman Resigns as New York Attorney General Amid Assault Claims

Four women accused New York State Attorney General Eric Schneiderman of physically assaulting them. The New Yorker reported that Schneiderman slapped, choked or spat on at least four women with whom he had been romantically involved.

Under New York's Constitution, Schneiderman's replacement will be selected by the State Assembly and Senate by joint ballot. Possible replacements include Letitia James, who is New York City's public advocate. New York's Solicitor General, Barbara D. Underwood, will lead the attorney general's office until a replacement is found. Schneiderman's successor will inherit the 100-plus legal or administrative actions that Schneiderman filed against the Trump administration, as well as a lawsuit against the Weinstein Company over potential civil rights violations.

https://www.nytimes.com/2018/05/07/nyregion/new-york-attorney-general-eric-schneiderman-abuse.html

https://www.nytimes.com/2018/05/08/nyregion/eric-schneiderman-succession.html

https://www.nytimes.com/2018/05/09/nyregion/schneiderman-replacement-barbara-underwood.html

Trump Administration Ends Protected Status for Hondurans

The Trump administration is ending temporary protected status for an estimated 86,000 registered Hondurans who have been allowed to live and work in the United States since 1999, after a hurricane ravaged the country. The Department of Homeland Security has determined that conditions have improved sufficiently in Honduras to warrant suspension of protected status for its citizens.

Hondurans represent the second largest group of foreigners to benefit from the humanitarian Temporary Protected Status program, launched in 1990 for people seeking refuge from unstable homelands due to natural disasters, war and other adversities. The administration's position is that the only criteria it should consider in continuing the program is whether the original reason for the country's designation persists. Honduras has the highest homicide rate in the world and the biggest gap between rich and poor, with 61% of its population living in poverty.

https://www.nytimes.com/2018/05/04/us/honduras-temporary-protected-status.html

Patagonia Sues Trump in Bid to Protect National Monument

Patagonia is a privately-held "Activist Company" with a record of publicly advocating for environmental protection, fair trade and stricter labor standards. It has now launched a lawsuit in response to President Trump's plans to sharply reduce the size of two national monuments in Utah, including Bears Ears.

In its lawsuit Patagonia argues that the Antiquities Act of 1906 gave presidents the power to create national monuments, but it did not grant the power to revoke or modify them. Congress is the sole authority than can undertake such changes. Critics of Trump's proclamation point to internal documents at the Department of Interior, which showed that oil and gas interests were central to the decision to shrink Bears Ears. The area is now available for commercial use, including drilling and mining.

https://www.nytimes.com/2018/05/05/business/patagonia-trump-bears-ears.html

Environmental Protection Agency Staff Shield Pruitt from Public Scrutiny

More than 10,000 documents were made public as part of a Freedom of Information Act (FOIA) lawsuit by the Sierra Club. Emails show that the Environmental Protection Agency's close control of information about Scott Pruitt's public events was driven by a desire to avoid tough questions from the public rather than by concerns about his security.

https://www.nytimes.com/2018/05/07/climate/epa-pruitt-emails-secrecy.html

National Security Agency Triples Data Collection

In 2017 the National Security Agency (NSA) collected three times the phone and text message records it did the year before from American telecommunications providers. The NSA has expanded its collection of "call detail records" - telecom metadata showing who contacted whom and when, but not the contents of the call or text. The information comes from the annual set of surveillance-related statistics issued by the Office of the Director of National Intelligence.

The 2015 USA Freedom Act overhauled how the NSA can gain access to domestic telecom data, ending a once-secret program that had systematically collected domestic phone logs in bulk. While the NSA has retained its function - the ability to analyze links between people in search of associates of terrorism suspects, the bulk records stay with the phone companies but can be turned over to government on an order of the Foreign Intelligence Surveillance Court.

https://www.nytimes.com/2018/05/04/us/politics/nsa-surveillance-2017-annual-report.html

Deals with AT&T and Healthcare Firm Novartis Paid Michael Cohen $1.2 Million in Exchange for White House Access

New details are unfolding about Michael Cohen's business dealings and financial entanglements in the run-up to the election, as the investigation into possible bank fraud and election-law violation progresses. Documents show that a shell company that Cohen used to pay adult film actress Stormy Daniels was also receiving payments from several corporations. Funds started flowing through Essential Consultants LLC shortly before Trump was elected president. They included payments from Columbus Nova, a New York investment firm, whose biggest client is a company owned by Russian oligarch Viktor Vekselberg.

Among the transactions were also payments from Novartis, a multinational pharmaceutical giant that frequently seeks approvals from federal drug regulators. Closer to home, AT&T paid Cohen $600,000 to advise on its $85.4 billion merger with Time Warner, which is now pending before the Justice Department. In totality, the dealings show Cohen positioning himself as a strategic adviser and gatekeeper to the president.

https://www.nytimes.com/2018/05/09/us/politics/michael-cohen-shell-company.html

https://www.nytimes.com/2018/05/08/us/politics/michael-cohen-shell-company-payments.html

https://www.nytimes.com/2018/05/11/technology/att-cohen-trump-time-warner.html

Former Speaker Sheldon Silver Convicted in Corruption Retrial

Former Assembly Speaker Sheldon Silver has been found guilty on all seven counts of federal corruption. The charges related to $4 million obtained in illicit payments in return for using his office to take actions that benefited private individuals and entities.

His first conviction was overturned by the United States Supreme Court in 2016 in a ruling that narrowed the activity that could constitute corruption. Silver's retrial was based on this narrower definition, where the activity in question must involve concrete and formal government decisions or actions to constitute corruption, and not mere political courtesies, like setting up a meeting.

https://www.nytimes.com/2018/05/11/nyregion/sheldon-silver-retrial-guilty.html

https://www.law.com/newyorklawjournal/sites/newyorklawjournal/2018/05/11/silver-in-retrial-found-guilty-on-all-counts-of-corruption/?kw=Silver%2C+in+Retrial%2C+Found+Guilty+on+All+Counts+of+Corruption&slreturn=20180414112509

Agreements Show Ties Between University and Conservative Donors

Donor agreements released under a FOIA request show that George Mason University granted the Koch Foundation a say in the hiring and firing of professors. The Koch Foundation endows a fund to pay the salary of one or more professors at the university's Mercatus Center, a free-marker think tank. In return, the donors have the right to name two out of the five members that comprise a selection committee that chooses professors. The Koch Foundation had similar appointment rights to advisory boards that recommended firings. The university's president has ordered a review to "ensure that [donor agreements] do not grant donors undue influence in academic matters."

https://www.nytimes.com/2018/05/05/us/koch-donors-george-mason.html https://www.nytimes.com/aponline/2018/04/30/us/ap-us-koch-college.html

Pakistan and United States Restrict Diplomats' Travel, Straining Relations

The State Department threatened and then imposed travel restrictions on Pakistan's diplomatic corps in Washington for what it considers harassment of American diplomats in Pakistan. The United States has complained that Pakistani police and security officials frequently harass American staff with time-consuming traffic stops and citations. In retaliation, Pakistan placed broader travel restrictions that apply to all American diplomats stationed anywhere in Pakistan.

https://www.nytimes.com/2018/05/11/world/asia/pakistan-us-travel-relations.html

Over 1,700 Evacuated After Hawaii Volcano Erupts

Hawaii's Kilauea volcano is spewing lava and steam into residential neighborhoods, prompting a local state of emergency and the mandatory evacuation of 1,700 local residents.

https://www.nytimes.com/2018/05/07/us/hawaii-volcano-kilauea.html?smtyp=cur&smid=tw-nytnational

Afghan Airstrike Targeting Taliban Killed Mostly Children

United Nations officials have concluded that an Afghan government airstrike last month aimed at a Taliban planning session hit mostly children at a religious gathering. The airstrike raised "questions as to the government's respect of the rules of precaution and proportionality under international humanitarian law." Human Rights Watch has called the rise in civilian casualties from Afghan government air operations "deeply troubling."

https://www.nytimes.com/2018/05/08/world/asia/afghanistan-airstrike-children.html

Philippine Supreme Court Removes Chief Justice

The Philippine's Supreme Court voted to remove its top judge and first female chief justice, Maria Lourdes Sereno. By a vote of 8-6, the court granted the government's petition to cancel Sereno's appointment on the grounds of alleged violations in the appointment process. President Duterte has called Sereno an "enemy" for voting against several of his government proposals, including extending martial law on a restive land.

https://www.reuters.com/article/us-philippines-judiciary/philippine-supreme-court-removes-duterte-enemy-judge-idUSKBN1IC0EM

Scholars Have Data on Millions of Facebook Users

Facebook data sets compiled by academics continue to fuel concerns about data privacy. Experts point out that information collected by the academic community is sometimes left unsecured and can be easily copied or sold to marketers or political consulting firms that target users with advertising or political campaign messaging.

These risks came to light after a University of Cambridge professor had obtained data of up to 87 million Facebook users and later sold it to Cambridge Analytica, a political consulting firm with ties to the Trump campaign, to build profiles of American voters. In response to these concerns, Facebook recently narrowed the number of academics with which it would work, inviting only those with election-related projects to participate through an "independent election research commission."

https://www.nytimes.com/2018/05/06/technology/facebook-information-data-sets-academics.html

Below, for your browsing convenience, the categories are divided into Entertainment, Art, Sports, and Media

ENTERTAINMENT

Female Stars Walk Cannes Red Carpet in Protest for Equal Rights

Eighty-two women working in the film industry walked the Cannes Film Festival red carpet together to denounce gender inequality in their field. Participants commented on the shortage of films by women at the festival and the fact that selection committees were not gender-balanced. They also brought attention to problems in the film industry at large - not many women are making films because they are not being financed, green-lit, or distributed.

https://www.nytimes.com/2018/05/12/movies/cannes-women-protest.html

On the Heels of the #MuteRKelly Campaign, Spotify Removes Music from Playlists and Announces New "Hate Content Policy"

R. Kelly's management team released a statement denying the growing list of accusations against the R&B singer. Women continue to allege mental and physical abuse in what they call R. Kelly's abusive cult of women in Chicago and Atlanta. Following years of allegations, the Time's Up organization recently threw its support behind a grassroots #MuteRKelly campaign to have his concerts and recording contracts cancelled.

Music-streaming service Spotify removed R. Kelly's music from its algorithmic and curated playlists under its new "Hate Content and Hateful Conduct Policy". His music will still be available, but Spotify "will not actively promote it" in its editorial selections.

https://www.nytimes.com/2018/05/04/arts/music/r-kelly-sex-abuse-allegations-statement.html

https://www.nytimes.com/2018/05/10/arts/music/rkelly-spotify-accusations-xxxtentacion.html

Chinese Channel Banned from Airing Eurovision Final after Censoring Performance with Gay Theme

The European Broadcasting Union (EBU), which organizes Eurovision and licenses broadcasts, terminated its contract with Chinese channel Mango TV after Ireland's performance was cut and other sections were blurred. The performance features two male performers dancing and holding hands. The Chinese broadcaster also blurred images of a rainbow flag waived in the audience during Switzerland's performance. The EBU stated that the broadcaster's actions were not in line with its values of universality and inclusivity and its tradition of celebrating diversity through music.

https://www.nytimes.com/2018/05/11/arts/music/eurovision-china-gay-censorship.html

Adidas is Standing by Collaborator Kanye West Following West's Controversial Comments on Slavery

Kanye West recently came under fire for comments he made during an interview on TMZ in which he said that he thought 400 years of slavery "sounds like a choice." Adidas' chief executive said he did not support West's comments and that Adidas's position on human rights was public, firm, and not in alignment with West's comments. The company also did not respond to calls to drop Kanye as a collaborator, despite pressure from a 30,000-signature online petition. Others are noting that Adidas knew exactly what it signed up for, and that controversy is part of Kanye's brand.

https://www.nytimes.com/2018/05/04/fashion/kanye-west-adidas.html

ARTS

Art Dealer Pleads Guilty in Multimillion-Dollar Fraud Case

Ezra Chowaiki has pleaded guilty to one count of wire fraud, one of the three charges laid against the Manhattan art gallery owner in December 2017. Prosecutors say that he fraudulently transferred more than $16 million of artwork between 2015 and 2017, in some instances selling artwork without the owners' authorization, or taking money from clients purportedly to purchase artwork, but keeping the money instead. Sentencing is scheduled for September.

https://www.nytimes.com/2018/05/04/arts/design/art-dealer-pleads-guilty-fraud-case.html

Contested Auction of Basquiat Painting to Proceed

Collector Hubert Neumann sued Sotheby's claiming that the auction giant had violated an agreement with him by not seeking his approval about the marketing of the painting, which had been part of his wife's estate. He also claimed that the $30 million estimate put on the painting was far too low. Justice Sherwood of the State Supreme Court in Manhattan ruled that Neumann has no authority over the work and that the sale of "Flesh and Spirit" can proceed as planned.

https://www.nytimes.com/2018/05/08/arts/basquiat-sothebys-lawsuit.html

Nobel Literature Prize Will Not Be Awarded in 2018

Citing a "crisis of confidence," the Swedish Academy will postpone awarding the 2018 Nobel Prize in Literature. At the center of the controversy is a member of the academy whose husband is accused of harassing and assaulting at least 18 women over three decades. The couple runs a cultural organization with financial ties to the academy, and some of the offenses took place at academy-owned properties. Complaints to the academy went ignored over the years.

https://www.nytimes.com/2018/05/04/world/europe/nobel-prize-literature-sexual-misconduct.html

Facing Accusations of Inappropriate Behavior, Author Junot Díaz Steps Down as Pulitzer Chairman

Pulitzer Prize-winning author Junot Díaz was publicly confronted with misconduct allegations during a Q&A session at a writers' festival in Australia. Writer and professor Zinzi Clemmons claims that Díaz forcibly kissed her when she was a graduate student at Columbia University. Clemmons believes that Díaz tried to preempt accusations of inappropriate behavior through his recent essay in The New Yorker detailing his own sexual abuse as a child. Other women have since come forward to accuse him of misogyny and inappropriate behavior.

The Pulitzer Prize Board will be conducting an independent review of the claims. Díaz has since stepped down as chairman, but will remain a part of the body.

https://www.nytimes.com/2018/05/04/books/junot-diaz-accusations.html

https://www.nytimes.com/2018/05/10/books/junot-diaz-pulitzer-prize.html

American Ballet Theater Announces Female Choreographer Initiative

American Ballet Theater (ABT) announced a multi-year initiative that will support the creation and staging of new works by female choreographers. The ABT Women's Movement will support three choreographers each season. The company's artistic director sees this initiative as a major step in both levelling the playing field and looking for that "next voice."

https://www.nytimes.com/2018/05/09/arts/ballet-theater-announces-female-choreographer-initiative.html

Bloomberg Philanthropies Expands Funding to Art Groups in Seven Cities

The funding is an expansion of the Arts Innovation and Management program launched by former New York city Mayor Michael Bloomberg in 2011. It will invest $43 million in more than 200 small and midsize cultural organizations across theater, visual arts, music, film, literature, and dance. Selected organizations will be offered financial support - about 10% of their annual operating budgets, in addition to arts-management training.

https://www.nytimes.com/2018/05/10/arts/design/bloomberg-expands-arts-grants-program.html

Rockefeller Artworks Set World Record for Single-Owner Auction

Peggy and David Rockefeller's artworks and treasures broke a world record at a Christie's auction, topping $800 million, twice the amount brought in by the sale of Yves Saint Laurent's estate in 2009.

https://www.nytimes.com/aponline/2018/05/11/us/ap-us-christies-rockefeller-auction.html

Manhattan's School of Visual Arts Terminates Instructors for Violating School's Sexual Misconduct Policy

Two teachers at the School of Visual Arts had their contracts terminated after students complained of improper conduct. Inspired by the #MeToo movement, students turned to social media to call attention to inappropriate male behavior and formally filed complaints with their Title IX office.

https://www.nytimes.com/2018/05/08/arts/school-of-visual-arts-removes-instructors-metoo.html

Japanese Photographer's Muse Puts Spotlight on Power Dynamics in the Industry

Japanese photographer Nobuyoshi Araki is being accused of exploiting and bullying his muse, the model Kaori, for 16 years. Kaori alleges that during their working relationship, Araki never signed her to a professional contract; ignored her requests for privacy during photo shoots; neglected to inform her when pictures of her were published or displayed; and often did not pay her.

Araki is known for his sexually explicit images of women. His work is being shown at the Museum of Sex in Manhattan, where the co-curator of the exhibition will now incorporate Kaori's comments into programming materials to encourage a conversation about models' rights and "issues of consent and potential abuses of power that can be at the foundation of artistic practice and artistic production."

https://www.nytimes.com/2018/05/05/world/asia/nobuyoshi-araki-photographer-model.html

SPORTS

United States Supreme Court Rules that Federal Ban on Sports Betting is Unconstitutional

The United States Supreme Court voted to overturn the federal ban on single-game sports wagering. It found that the 1992 Professional and Amateur Sport Protection Act (PASPA) violated the Constitution's 10th Amendment by "commandeering" the states' regulatory power. Writing for the majority, Justice Alito noted that the PASPA provision "unequivocally dictates what a state legislature may and may not do."

New Jersey instigated the legal fight by repealing its gambling prohibitions with a 2012 law that explicitly authorized wagering. The law was struck down in federal court. A subsequent measure exempting race tracks and Atlantic City casinos from its gambling prohibition was also struck down in federal appeals court.

Following the ruling, the National Football League (NFL) called on Congress to "enact a core regulatory framework for legalized sports betting." In January 2018, the National Basketball Association (NBA) told New York lawmakers that it would not oppose state regulation of sports wagering that included the requisite safeguards.

https://www.bloomberg.com/news/articles/2018-05-14/federal-sports-wagering-ban-struck-down-by-u-s-supreme-court

https://www.legalsportsreport.com/17954/ny-senate-on-sports-betting-and-nba/

NFL Players Association Files Grievance on Behalf of Free Agent Eric Reid

The National Football League Players Association (NFLPA) filed two claims against the NFL on behalf of Eric Reid, an unsigned free agent, who believes that teams are refusing to sign him because he protested during pregame national anthems. The move follows Eric Reid's own collusion grievance filed against the NFL last week.

The union believes that individual club anthem policies violate the collective bargaining agreement, which doesn't specifically grant teams the right to create their own policies. The filing also alleges that any team that asks prospective players pre-employment questions about that player's intent to demonstrate is engaging in bad faith negotiations.

http://www.espn.com/espn/wire/_/section/nfl/id/23433778

Oregon State Silent as Convicted Sex Offender Luke Heimlich Returns to Baseball Team

Many are questioning why Oregon State University allowed top pitcher Luke Heimlich to return to the baseball team he left last year when his past criminal convictions surfaced. Heimlich withdrew from the team after it became public that he was convicted for sexually molesting his 6-year-old niece and was a registered sex offender.

Heimlich's return and Oregon State's silence on the matter have sparked a debate of whether athletes with violent histories should be allowed to play college sports. Presently, the NCAA does not have a national policy for how schools should treat athletes who have committed felonies as juveniles. Citing confidentiality laws, university officials have refused to say what they knew about Heimlich's background when they recruited him. Oregon State does not bar student-athletes with prior convictions from competition, and its athletic department does not ask athletes to disclose criminal convictions during the admissions process.

https://www.nytimes.com/2018/05/07/sports/luke-heimlich-sex-crime.html

http://www.oregonlive.com/beavers/index.ssf/2017/06/luke_heimlich_sex_crime_surfac.html

Lions Coach Matt Patricia Faces NFL Over 1996 Sex Assault Allegations

The NFL announced that it will review the sexual assault allegations made in the 1990s against Matt Patricia, the Detroit Lions' new head coach. Patricia and a friend were indicted by a grand jury on a charge of aggravated sexual assault. The case never went to trial after the complainant refused to testify. Lions executives denied having had knowledge of the allegations and are standing by Patricia.

In recent years, the NFL has applied its personal conduct policy to punish players for incidents that occur off the field. The policy applies to athletes, coaches, and employees whose conduct is deemed "detrimental to the integrity of and public confidence in" the NFL. It is unclear what, if any, discipline Patricia could face given that the allegations are unproven and the charges were laid both before Patricia entered the NFL and before the conduct policy came into effect.

https://www.nytimes.com/2018/05/10/sports/football/matt-patricia-lions-sexual-assault.html

Lawsuit Accuses Taekwondo Olympian and Coach of Sexual Abuse

Olympian gold medalist Steven Lopez, and his brother and longtime coach Jean Lopez, are among the defendants named in a lawsuit filed in federal court. They have been accused of sexually assaulting female athletes, some of them minors, over a period of two decades. The lawsuit also accuses the United States Olympic Committee (USOC) and the national sports organization USA. Taekwondo of ignoring reports of abuse. USA Taekwondo launched an investigation into the claims in 2015, but no charges were filed.

https://www.nytimes.com/2018/05/06/sports/lopez-taekwondo-sex-abuse.html

Nike Executive Vows Changes after Claims of Workplace Harassment, Bias

Nike's Chief Executive Officer Mark Parker informed employees at a company-wide meeting that departures related to workplace behavior will be completed in the coming days. A "workplace behavior" investigation was launched following allegations that female employees at the company were subjected to "widespread... harassment and discrimination." It has led to the departure or planned departure of 11 top-level executives.

Parker also announced that the company will make changes to its compensation and training programs, and is continuing to review its human resources processes.

https://www.nytimes.com/2018/05/05/business/mark-parker-nike.html

https://www.nytimes.com/2018/05/08/business/nike-harassment.html

Police Escort for Minor League Hockey Player after Racial Slurs, Threats

Ontario Hockey League (OHL) Commissioner David Branch determined that Givani Smith needed a police escort to his recent playoff game after receiving online death threats and racist taunts. Smith is one of only about a dozen black players among the 500 playing in the OHL. Reports of racial harassment began after Smith made an obscene gesture toward an opposing team's bench, but Smith had been subject to racist and derogatory comments in earlier games too. Black hockey players at all levels, including those in the National Hockey League, have experienced incidents of racial abuse for decades. Critics are calling for change in the hockey community, including longer player suspensions for racial abuse and lifetime bans for fans uttering threats.

https://www.nytimes.com/2018/05/09/sports/hockey/givani-smith-police-escort-ohl.html

Major League Baseball Places Blue Jays' Osuna on Administrative Leave Following Assault Charge

Blue Jays pitcher Roberto Osuna was placed on administrative leave after being charged with assault in Toronto. Although Toronto police have not confirmed that the assault charge was related to a domestic incident, the move seems to be in accordance with the 2015 Domestic Violence Policy that allows the league to discipline a player accused in a domestic violence incident, regardless of whether it results in a trial.

https://www.thestar.com/sports/bluejays/2018/05/08/blue-jays-pitcher-roberto-osuna-charged-with-assault.html

MEDIA

Court of Appeals for the District of Columbia Rules that Foreign Broadcaster Infringed U.S. Copyright through Online Streaming

A party that owns rights in one country was found liable for failing to block users in another country, where someone else holds exclusive rights. The case underscores the importance of effective geoblocking by streaming services.

A Polish television broadcaster, owner, and creator of the content in question, entered into a license granting Spanski Enterprises the exclusive right to perform TV episodes in North and South America, including via the internet. The broadcaster used geoblocking technology to ensure that internet users in North and South America could not access the content through its video-on-demand website. However, some of the content was not effectively geoblocked and Spanski sued for copyright infringement, alleging violation of its exclusive public performance rights.

The broadcaster argued unsuccessfully that a) it would be the viewers that were liable for any infringement; and b) the Copyright Act does not apply extraterritorially to conduct that occurred in Poland.

The DC Circuit ruled that both the broadcaster and the viewer "publicly perform" the copyrighted work and can both be liable for copyright infringement. Secondly, the Act applied because the conduct relevant to the statute's focus occurred in the U.S. - the performances occurred on U.S. screens, even though the content was uploaded in Poland.

https://www.natlawreview.com/article/foreign-broadcaster-infringed-us-copyright-through-online-streaming-spanski?utm_content=10f4a0177aa77e02196dba350101fa4a&utm_campaign=Intellectual%20Property%20Legal%20News%20for%205-9-2018&utm_source=Robly.com&utm_medium=email

NBC Investigation Finds No Wrongdoing in How Management Handled Lauer Complaints

The internal investigation found no evidence that network leaders at NBC News or the "Today" show were aware of complaints about Matt Lauer's workplace conduct before his firing in November 2017. Some had criticized NBC for relying on its in-house counsel to oversee the investigation. The network reported that two outside law firms had been consulted on the methodology, findings, and recommendations. Among its findings were that network staff members were fearful of retaliation but that, ultimately, NBC news did not have a hostile work environment.

https://www.nytimes.com/2018/05/09/business/media/matt-lauer-nbc-investigation.html

Qatar-Saudi Arabia Conflict Spills Over into the Sports Broadcasting Arena

Executives at Qatari network beIN Sports are at a loss as to how to stop a bootlegging operation that steals their feed and broadcasts to much of the Middle East. The network owns some of the most valuable sports rights, including the upcoming World Cup.

The roots of the issue lie in the bitter political dispute between Qatar and a coalition of Arab countries that accuse it of supporting terrorism. In 2017 Saudi Arabia and the United Arab Emirates enacted an embargo, cut off diplomatic ties, and set up a blockade to close Qatar's access to many of the region's ports. Since the dispute, a pirated version of the Qatari sports channel has been streaming illegally in Saudi Arabia. Saudi Arabia also banned the sale of beIN broadcast boxes and prohibited existing customers from paying their subscriptions to the channel. Subpoenas issued in the U.S. to website hosting companies also show a Saudi-based executive paying for hosting fees. FIFA and other governing bodies that have sold exclusive broadcast rights to beIN have supported the company's antipiracy efforts, but have generally not criticized Saudi Arabia publicly. BeIN is currently awaiting the outcome of complaints filed with the World Trade Organization and the Organization of Islamic Cooperation.

https://www.nytimes.com/2018/05/09/sports/bein-sports-qatar-beoutq.html

Cambodians Fear End of Press Freedom after Newspaper's Sale

The English-language newspaper, The Phnom Penh Post, was recently sold to a Malaysian investor with ties to Cambodia's prime minister. Several senior editors resigned or were fired after new management intervened in editorial decisions. Recent shut downs of dissenting news outlets and arrests of dozens of government critics have also raised concerns about press freedom in the country.

https://www.nytimes.com/2018/05/07/world/asia/cambodia-phnom-penh-post-sale.html

May 17, 2018

Center for Art Law Case Law Updates

The following case selection first appeared in this week's Center for Art Law newsletter:

Rubin v. Islamic Republic of Iran, 583 U.S. ___ (2018). On February 21st, in a unanimous decision, the Supreme Court ruled that victims of an Iran-sponsored terrorist bombing cannot seize Iran's "Persepolis Collection" at the University of Chicago's Oriental Institute to fulfill payment of the damages they were previously awarded (https://www.theartnewspaper.com/news/terror-victims-cannot-seize-iranian-antiquities-us-supreme-court-rules?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). The Court held that a 2008 amendment to the Foreign Sovereign Immunity Act did not remove the requirement of commercial activity from the Act's bar on seizure of a sovereign nation's assets unless the assets are used in commercial activities within the United States. The full opinion is available at https://www.supremecourt.gov/opinions/17pdf/16-534_6jfm.pdf?mc_cid=97c8bdba58&mc_eid=8a2eda70d8.

Tananbaum v. Gagosian Gallery, Inc. et al, No. 651889/2018 (NY Sup. Ct., filed on April 19, 2018). In September 2013, a private collector signed a contract with Jeff Koons and the Gagosian Gallery, whereby they would deliver to him three sculptures worth more than $13 million. Five years later, he filed a complaint (available at https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=mDyDl8p2L9a_PLUS_SP1ONEOyUA==&mc_cid=97c8bdba58&mc_eid=8a2eda70d8) against the two kings of the New York art scene, condemning a Ponzi-like fraudulent scheme (https://www.theartnewspaper.com/news/legal-battle-over-modigliani-painting-rumbles-on?mc_cid=97c8bdba58&mc_eid=8a2eda70d8).

Silver v. Gagosian Gallery, Inc., No. 652090/2018 (Sup. Ct. NY, filed on April, 27, 2018) This is the second lawsuit filed in eight days against defendant Gagosian Gallery (http://www.artnews.com/2018/04/30/citing-frustration-purchase-8-m-jeff-koons-sculpture-producer-joel-silver-sues-gagosian-gallery/?mc_cid=97c8bdba58&mc_eid=8a2eda70d8) in connection with its prospective sale of multi-million dollar sculptures by artist Jeff Koons. According to the complaint, plaintiff Silver, a film producer, paid $8 million for a sculpture "Balloon Venus" in 2014 and he is yet to see the yellow goddess emerge from Koons' studio. "Frustrated by the delay and skeptical when, if ever," the sculpture he wanted would be done, Silver asked for his money back and learned that he would be forfeiting $3.2 million if he were to stop making payments on the revised payment plan. The plaintiff seeks a declaratory judgment and alleges breach of the New York Arts and Cultural Affairs law. The complaint is available upon request.

Madonna Ciccone v. Gotta Have It Collectibles, No. 156454/2017 (Sup. Ct. NY, April 23, 2018) In July 2017, Gotta Have Rock and Roll held an auction of Madonna's personal items, orchestrated by her former assistant, including a breakup letter she wrote to American rapper Tupac Shakur (a/k/a 2Pac). Madonna filed an emergency court order, alleging that the items should not have been in the possession of her assistant and that she never agreed to the sale (https://www.rollingstone.com/music/news/auction-house-wins-battle-over-madonnas-tupac-letter-w519480?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). The court ruled in favor of the auction house, saying that Madonna had not made any demand for the return of her possessions and that she forfeited her rights. The decision is available at https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=piETQikzGIl4R5YiIEyU6g==&mc_cid=97c8bdba58&mc_eid=8a2eda70d8.

Neumann v. Sotheby's, Inc., No. 652170/2018 (Sup. Ct. NY, filed May 3, 2018) This dispute, now pending appeal, involves the 86 year-old paterfamilias of the Neumann family, who seeks injunction against Sotheby's from offering the painting "Flesh and Spirit" by Jean-Michel Basquiat for sale (https://www.nytimes.com/2018/05/03/arts/basquiat-auction-sothebys-neumann.html?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). Neumann alleged that per a 2015 agreement, which was confirmed a year later, Sotheby's promised Neumann that they would seek his "approval on all matters relating to cataloging, placement, and exhibiting each and every work consigned". Although pieces in the collection are "owned by a variety of persons and entities", they are all considered part of the Neumann Family Collection, of which Hubert Neumann is the steward. However, in April 2018 Neumann learned that his daughter Belinda had consigned Basquiat's "Flesh and Spirit" - part of the collection - to Sotheby's for a sale in May, breaching the terms of his previous agreement with the auction house. The complaint is available at https://www.documentcloud.org/documents/4451958-Complaint.html?mc_cid=97c8bdba58&mc_eid=8a2eda70d8.

US v. Kyriacou, Canaye, et al., CR-18-0102 (E.D. N.Y., Filed Feb. 28, 2018; Superseding Indictment Submitted March 20, 2018) In March 2018, a press release by the Department of Justice revealed that six individuals and four corporate entities were indicted on charges of "conspiracy to commit securities fraud and money laundering conspiracy" (https://www.justice.gov/usao-edny/pr/six-individuals-and-four-corporate-defendants-indicted-50-million-international?mc_cid=97c8bdba58&mc_eid=8a2eda70d8). British art dealer Matthew Green is among the defendants. He is charged with conspiring to launder money using art. Green and others agreed to help an undercover agent clean "over $9 million dollars, which [he] represented to be the proceeds of securities fraud", by selling him the Picasso painting "Personnages" and thus providing him with paperwork for the purchase. The operation was halted before the painting's ownership was transferred. The original indictment is available at https://www.justice.gov/usao-edny/press-release/file/1040471/download?mc_cid=97c8bdba58&mc_eid=8a2eda70d8.

The Center for Art Law strives to create a coherent community for all those interested in law and the arts. Positioned as a centralized resource for art and cultural heritage law, it serves as a portal to connect artists and students, academics and legal practitioners, collectors and dealers, government officials and others in the field. In addition to the weekly newsletter (http://cardozo.us2.list-manage.com/subscribe?u=78692bfa901c588ea1fe5e801&id=022731d685), the Center for Art Law subscribers receive updates about art and law-related topics through its popular art law blog (http://itsartlaw.com/blog/)and calendar of events (http://itsartlaw.com/events/). The Center for Art Law welcomes inquiries and announcements from firms, universities and student organizations about recent publications, pending cases, upcoming events, current research and job and externship opportunities. To contact the Center for Art Law, visit our website at: www.itsartlaw.com or write to itsartlaw@gmail.com.

May 21, 2018

Week in Review

By Eric Lanter
Edited by Elissa D. Hecker

General News:

Senate Democrats Win Vote on Net Neutrality, a Centerpiece of 2018 Strategy

Setting the stage for the 2018 midterm elections, Senate Democrats have voted in favor of net neutrality, overturning a decision in December of the Federal Communications Commission to dismantle rules that "prevented providers like Verizon and Comcast from blocking or speeding up streams and downloads of web content in exchange for extra fees." It is virtually assured that the measure will not pass the House, but the symbolic value of the vote may carry the weight that Democrats crave when it comes to the midterm elections in six months.

https://www.nytimes.com/2018/05/16/technology/net-neutrality-senate.html

Gina Haspel Confirmed as New CIA Director

Six Democratic senators joined Republicans to confirm Gina Haspel as the new director of the CIA. Haspel came under fire for her involvement in the harsh interrogation practices post-9/11, including her supervision of a black site in Thailand where detainees were waterboarded. She vowed not to restart a program that used so-called "enhanced interrogation techniques" (others have labeled it "government-sanctioned torture"), giving her sufficient Democratic votes for confirmation but making her 54-45 vote split the closest margin of any CIA nominee in history.

https://www.nytimes.com/aponline/2018/05/17/us/politics/ap-us-cia-haspel-politics.html

White House Eliminates Cybersecurity Coordinator Role

The Trump administration eliminated the cybersecurity coordinator role from the National Security Council after the new national security adviser, John Bolton, deemed the position no longer necessary. The role previously was viewed by many as being "central to developing policy to defend against increasingly sophisticated digital attacks and the use of offensive cyber weapons," and its elimination received criticism from those in the intelligence community. Senator Mark Warner of Virginia, ranking Democrat on the Senate Intelligence Committee, released a statement expressing his befuddlement at how eliminating the role would do anything to protect the country from cyber threats.

https://www.nytimes.com/2018/05/15/technology/white-house-cybersecurity.html

North Korea Threatens to Call Off Summit Meeting with Trump

President Trump has touted his meeting with North Korean leader Kim Jong-un as being a landmark moment of his presidency. The North Koreans, however, have threatened to call off the summit meeting if the United States insists on "unilateral nuclear abandonment," which many in the United States have expected to be one of the main accomplishments of the talks between the two nations. Adding to the tension, South Korean and American air forces drilled in recent weeks, which North Korea interpreted as a "deliberate military provocation." Whether the North Koreans are being hyperbolic and melodramatic only as posturing remains to be seen.

https://www.nytimes.com/2018/05/15/world/asia/north-korea-postpones-talks.html

Pompeo Lifts Hiring Freeze in Effort to Return 'Swagger' to State Department

With Mike Pompeo at the helm of the State Department, a change of policy has come: the hiring freeze has ended. Those in the diplomatic community sighed with relief as Pompeo announced to his staff that the department would pursue filling vacant positions that lingered under former Secretary of State Rex Tillerson. Pompeo's announcement does not come as a surprise to those in Congress, as Congress passed funding legislation in March that prescribed the State Department to maintain staffing levels and explain earlier cutbacks.

https://www.nytimes.com/2018/05/15/us/politics/mike-pompeo-lifts-hiring-freeze-state-department.html

Michael Cohen Circus Has a Ringmaster: Porn Actress's Lawyer

Michael Avenatti, the attorney representing pornographic film star Stephanie Clifford, whose stage name is Stormy Daniels, has shown his ability for orchestrating drama inside and outside the courtroom, even in relation to President Trump's attorney Michael Cohen. Two examples: Avenatti had Clifford appear in court in a bright pink blazer to unnerve Cohen and released a report showing that Cohen had taken over $1 million from a firm linked to a Russian oligarch and other companies, including AT&T. Some attorneys have called into question whether his representation of Clifford is purely legal and not somewhat political, given these theatrics. Nonetheless, Trump has disclosed that he in fact reimbursed Cohen for the payment made to Clifford, raising questions about whether a violation of financial disclosure laws may have occurred in the lead-up to the 2016 election.

https://www.nytimes.com/2018/05/15/nyregion/stormy-daniels-avenatti-cohen-trump.html

https://www.nytimes.com/2018/05/16/us/politics/trump-financial-disclosure.html

Candidates Line Up to Fill Attorney General Role

New York State lawmakers have started their second round of interviews for replacing New York Attorney General Eric Schneiderman, following his resignation from the office over allegations of pervasive and violent sexual abuse. The favorite to replace him is the acting attorney general, Barbara Underwood, who if appointed would serve the remainder of Schneiderman's term. However, Underwood has announced she would not seek re-election in November if she was appointed.

https://www.nytimes.com/aponline/2018/05/16/us/ap-us-sexual-misconduct-schneiderman.html

Stir Caused by Trump's 'Animals' Remark

President Trump came under fire for calling illegal immigrants "animals". When discussing the issue after the firestorm began, he told reporters that he was referring to members of the MS-13 gang and would continue to use the term to describe them. He has used the term in relation to violent street gangs before at rallies, speeches, and events, but it would be a new use of the term to apply it to illegal immigrants rather than violent gang members.

https://www.nytimes.com/2018/05/17/opinion/trump-migrants-animals.html

https://www.nytimes.com/aponline/2018/05/18/us/politics/ap-us-trump-immigration.html

https://www.nytimes.com/2018/05/16/us/politics/trump-undocumented-immigrants-animals.html

In the Arctic, the Old Ice is Disappearing

Scientists have predicted that by midcentury, there would be no ice in the Arctic Ocean in summer. Last winter marked a record low for ice older than five years in a region that typically has ice frozen year-round.

https://www.nytimes.com/interactive/2018/05/14/climate/arctic-sea-ice.html

China and U.S. Talk Trade Deal

With President Trump preparing to potentially meet with North Korea's leader in the next month comes discussions between Trump and Chinese President Xi Jinping regarding a trade deal between them. Chinese company ZTE, a telecommunications company, has been the subject of scrutiny because of illegal exports to North Korea and Iran, but Trump took to Twitter to express his support for getting a deal done that would help ZTE "because many jobs in China are at stake."

https://www.nytimes.com/aponline/2018/05/14/us/politics/ap-us-united-states-china-zte-the-latest.html

10 Killed in Texas High School Shooting

At 17 years old, Dimitrios Pagourtzis forced his way into Santa Fe High School in Texas with his father's guns on Friday morning and killed 10 people, wounding 10 more. He surrendered to police custody and confessed to committing the crime, according to police. In interviews with students, one student's interview became a sensation in social media as she was not surprised but felt that "eventually it was going to happen here, too."

https://www.nytimes.com/2018/05/18/us/school-shooting-santa-fe-texas.html

Trump Administration to Tie Health Facilities' Funding to Abortion Restrictions

The Trump administration announced that clinics that provide abortions or refer patients to facilities that provide abortions will lose their federal funding. The rule is designed to principally target Planned Parenthood, much to the pleasure of the social conservatives that seek to curb abortions in the United States by withholding funding. President Reagan implemented a similar program in the 1980s, which prompted lawsuits to be brought challenging it, and President Clinton rescinded the policy before the policies could take root and be fully implemented.

https://www.nytimes.com/2018/05/17/us/politics/trump-funding-abortion-restrictions.html

House Farm Bill Collapses with Republican Disarray

Republicans' intraparty rift was put on full display last week when they voted on a measure that would impose work requirements on food aid recipients, as the result was a failure: 213 to 198, as the measure failed to pass. The more conservative faction of Republicans, the Freedom Caucus, voted against the measure as a rebuke to House Speaker Paul Ryan. Ryan, in his last year of being a member of Congress, has not achieved a substantial legislative victory since the end of 2017.

https://www.nytimes.com/2018/05/18/us/farm-bill-collapses.html

Refugee Agencies Fall Into Limbo

Throughout the country, refugee agencies have stockpiled materials and goods to supply to asylees and others who take refuge in the United States. The problem: the Trump administration has cut staff that conducts clearance interviews and raised the standards for admitting refugees into the country. If the current trend continues, this year will be the lowest figure since 1980, when Congress passed the Refugee Act.

https://www.nytimes.com/2018/05/16/us/refugee-admissions.html

MTA Says Sex Toy Ads are OK

The MTA has agreed to allow a sex toy company to advertise in the subways after it witnessed an outcry and accusations that it enforced a "gendered double standard" in what advertisements it approved. The advertisements approved include "colorful, stylized paintings" of sex toys, which some took to be too obscene for public display. This is not the first controversy that the MTA has had with advertisements: THINX, a company that makes underwear for use during menstruation, ultimately got approval but after a lengthy review and evaluation process for its ads featuring "dripping egg yolks and split fruit."

https://www.nytimes.com/2018/05/17/nyregion/subway-sex-toy-ads-mta.html

Chance of North American Free Trade Agreement Deal in 2018 Diminishes

Negotiations remain ongoing among Canada, Mexico, and the United States for revising the North American Free Trade Agreement, which is a sprawling 24-year-old trade agreement that the Trump administration has been focused on revising to favor Americans. Although House Speaker Paul Ryan sought to have the negotiations finished by May 17th, the White House gave no indication that the deal was anywhere close to being finished, and the American negotiator, Robert Lighthizer, indicated that the countries were "nowhere near close to a deal."

https://www.nytimes.com/2018/05/17/us/politics/nafta-deal-deadline-congress.html

Trump Says He Will Nominate Acting Secretary to Lead VA

President Trump announced that the acting secretary of veterans affairs, Robert Wilkie, will be his nominee to take over the agency. Wilkie would be taking over an agency that has had turmoil at the top for several months. The former secretary, David Shulkin, was fired by a tweet in March and Trump's chosen successor, Dr. Ronny Jackson, withdrew his name from consideration when reports emerged that he had been distributing pills and potentially drinking on the job.

https://www.nytimes.com/2018/05/18/us/politics/trump-va-secretary-robert-wilkie.html

Trump Jr. and Aides Met with Gulf Emissary Offering Help to Win Election

Special Counsel Robert Mueller's probe is expanding. One area of focus is a meeting in Trump Tower three months before the 2016 election, where Donald Trump Jr. met with an Israeli specialist in social media manipulation as well as an Saudi emissary and Republican donor. The meeting may indicate that countries other than Russia were involved in manipulating social media and attempting to influence the election results in 2016. Investigators have interviewed witnesses in Washington, New York, Atlanta, and Tel Aviv to determine the nature and extent of the involvement in influencing the election. These interviews and further investigation comes as Trump and his attorneys have called for an end to Mueller's probe.

https://www.nytimes.com/2018/05/19/us/politics/trump-jr-saudi-uae-nader-prince-zamel.html

Black Culture is Central Part of Royal Wedding

The wedding of Meghan and Harry has been in the headlines for weeks, but the wedding itself is now being recognized for something more than the expansion of the royal family of England. African-American culture was on display at the wedding: The Most Rev. Michael Bruce Curry, a bishop of the American Episcopal Church, gave a stirring speech to the attendees, and a gospel performance of "Stand by Me" echoed throughout the church. Then, a black Briton, Sheku Kanneh-Mason, performed a cello solo in a chapel where few individuals of African heritage had set foot let alone performed on such a grand stage.

https://www.nytimes.com/2018/05/19/style/black-priest-choir-royal-wedding.html

Soros Foundation to Quit Hungary

The Open Society Foundations is a philanthropic organization headed by billionaire George Soros, and it announced this week that it is moving its headquarters from Budapest, Hungary to Berlin, Germany, given the political climate of Hungary. Soros, a native Hungarian, has been the target of venomous attacks by Hungarian Prime Minister Viktor Orban for Soros' sympathy for refugees and asylum-seekers. Some analysts suppose that Orban's attacks are thinly-veiled anti-Semitic jabs rather than legitimate disputes of policy. The Open Society Foundations, citing the "increasingly repressive" environment in Hungary, has vowed to continue its work in Hungary and other countries despite the attacks.

https://www.nytimes.com/aponline/2018/05/15/world/europe/ap-eu-hungary-soros.html

Researchers Uncover Two Hidden Pages in Anne Frank's Diary

Two pages of Anne Frank's diary have been revealed for the first time. Digital technology allowed researchers to view the text through overlaid brown paper that Frank put on the two pages, and the hidden pages revealed her writings regarding more sexual matters that perhaps she did not wish for her family or others to read when confined to close quarters hiding from the Nazis.

https://www.nytimes.com/2018/05/15/books/anne-frank-diary-new-pages.html

Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, and Media:

Entertainment

Cosby's Sentencing Set for September

Judge Steven T. O'Neill ordered that Bill Cosby's sentencing take place on September 24th and 25th of this year in Norristown, Pennsylvania for his conviction of drugging and sexually assaulting Andrea Constand, a Temple University employee, in 2004. Until then, he has a GPS monitor and may only travel to surrounding counties "for medical reasons or to see his lawyers."

https://www.nytimes.com/2018/05/15/arts/bill-cosbys-sentencing-is-set-for-september.html

Cannes, Where Weinstein Reigned, Reckons with #MeToo Movement

In Cannes, France, women in the entertainment industry have been making their voices heard this year. Eight-two women took over the red carpet for a rally to show that even though women make up a majority of people in the world, the industry treats them like a marginalized population. For years, the area was a playground for producer Harvey Weinstein, who remains fighting dozens of episodes of sexual misconduct and has continued to deny any allegations of nonconsensual sex.

https://www.nytimes.com/2018/05/15/movies/cannes-women-metoo.html

Arts

In New York High Schools, the Sound of Music Is Muted

Between 2002 and 2013, New York City shuttered 69 high schools, many of which were large schools that had specialized programs for arts or music. In their stead, the city opened smaller schools that academically are superior but lack the arts and music classes that provided a more robust education for the larger student bodies of years past. Given that studies have shown that those involved in the arts are more likely to achieve higher test scores and far more likely to graduate and attend college, the new schools chancellor, Richard Carranza, has said that he "plans to focus on the arts."

https://www.nytimes.com/2018/05/13/nyregion/nyc-music-high-school.html

Pablo Picasso Painting Damaged Before Sale

The auction house Christie's announced that a 1943 Pablo Picasso painting, "Le Marin," valued at $70 million, was damaged and is being withdrawn from sale to be repaired. The owner of the painting, Steve Wynn, resigned as chairman of Wynn Resorts amidst sexual misconduct allegations surfacing in February of this year.

https://www.nytimes.com/2018/05/14/arts/design/picasso-painting-damaged-christies.html

More Fabric, More Money? British Retailer Accused of 'Fat Tax'

In the fashion industry, clothes size is a touchy subject, and now Britain's biggest retailers are facing accusations of putting a "fat tax" on women. One store, New Look, has said that if more fabric is used for a piece of clothing, then that justifies a higher price. Women have spoken out: one says that she should be the subject of discrimination in prices because of her slightly bigger than average size. Social media has also picked up the issue and debated whether petite people should be charged less for having a smaller size.

https://www.nytimes.com/2018/05/16/world/europe/new-look-fat-tax.html

Fashion's Woman Problem

With graduation season comes a class of graduates from schools like the Fashion Institute of Technology, Pratt, and Parsons School of Design. Even though the vast majority of graduates are women, the small share of men will rise through the industry faster than their female counterparts. This is true even in women's wear, and the phenomenon is one featured in a new study that will be released called "The Glass Runway."

https://www.nytimes.com/2018/05/20/fashion/glass-runway-no-female-ceos.html

Rethinking 'Blue Chip' Amidst Black Artist Soaring at Auction

Chicago-based painter Kerry James Marshall sold a work titled "Past Times" for $21.1 million, four times the previous auction high for Marshall. An art adviser in New York has hypothesized that African-American art is seeing a re-evaluation and prices are adjusting based on this re-evaluation. Marshall is certainly not the only one seeing higher prices come his way as auction houses like Sotheby's are seeing higher prices.

https://www.nytimes.com/2018/05/16/arts/design/sothebys-auction-kerry-james-marshall-david-hockney.html

Met Opera Accuses James Levine of Decades of Sexual Misconduct

When the Metropolitan Opera fired James Levine, a conductor, he sued the company for breach of contract and defamation. The Met has counter-sued this week alleging that Levine harmed the company with the accusations of sexual harassment and abuse that he allegedly committed. It has been alleged that he was involved in multiple instances of sexual misconduct from the 1970s through at least 1999, and nine men have come forward with accusations of Levine's harassment or abuse. Levine, through his lawyers, has denied any wrongdoing.

https://www.nytimes.com/2018/05/18/arts/music/james-levine-metropolitan-opera.html

Berlin Museum Returns Artifacts to Indigenous People of Alaska

The Prussian Cultural Heritage Foundation has returned objects to indigenous communities in Alaska, after it was found that the artifacts were taken in the 1880s from a burial site. The Foundation agreed that because they were taken without permission, the museum should not display them any longer, and the return comes at a time when European museums are attempting to put more work into thoughtful acquisitions of works and returning those that were acquired in unlawful or unethical manners.

https://www.nytimes.com/2018/05/16/arts/design/berlin-museum-artifacts-chugach-alaska.html

Sports

Supreme Court Ruling Favors Sports Betting

The Supreme Court ruled that a 26-year-old federal law that prohibited sports betting in the United States was unlawful. The ruling is expected to boost the value of the sports industry and television coverage of sporting events. Historically, fans have increasingly watched games when betting is permitted, and Nielsen Sports estimates that sports bettors comprise 47% of all minutes viewed of the National Football League's television audience. No one yet knows the size the industry may reach, but by comparison, Britain's 65 million people wagered $20 billion in the fiscal year ending in March 2017.

https://www.nytimes.com/2018/05/14/us/politics/supreme-court-sports-betting-new-jersey.html

https://www.nytimes.com/2018/05/15/sports/sports-betting.html

Michigan State's $500 Million for Nassar Victims Dwarfs Other Settlements

Michigan State University settled a $500 million settlement with 332 women and girls who suffered abuse from Dr. Lawrence Nassar. For 20 years, he preyed on his "patients" under the guise of medical care at the university. While Michigan State may have supposed that the $500 million settlement would end its problems, there are ongoing investigations by the Michigan Attorney General and the federal Department of Education that could result in criminal charges for the administrators, or other federal penalties. Further, the public is not likely to sympathize with the university, as the $500 million may end up being charged to taxpayers or to students.

https://www.nytimes.com/2018/05/16/us/larry-nassar-michigan-state-settlement.html

https://www.nytimes.com/2018/05/17/us/nassar-michigan-state.html

Witness in Rio Olympics Bribery Case Has His Day in Court

A member of Brazil's Olympic Committee, Eric Maleson, came to meet with a man who claimed that money changed hands to secure Brazil's hosting of the 2016 Summer Olympics. There are concerns that a scheme of kickbacks and corruption led to the hosting of both the Rio and the 2020 Summer Olympics in Tokyo. Maleson testified this week in a Brazilian court about his experience during a trial of Carlos Arthur Nuzman, the former head of Brazil's national Olympic committee, and president of the 2016 Olympic organizing committee. Other officials are expected to testify, including from the International Olympic Committee.

https://www.nytimes.com/2018/05/17/sports/rio-olympics-bribery.html

Media

CBS Escalates Its Fight With Redstones

CBS sued its parent company, Redstones' National Amusements, in Delaware to prevent Shari Redstone from merging CBS with Viacom, its "corporate sibling." Although discussions have gone on for years that the merger may occur, there has been a consistent impasse when it comes to who would lead the merged company: Leslie Moonves, chief executive of CBS, and Bob Bakish, CEO of Viacom, both vie for the coveted position. The lawsuit was filed, according to CBS, so that Redstone would not be able to block a meeting of the special committee, which would have resulted in a neutralization of her special voting powers. On Wednesday, Chancellor Andre Bouchard granted CBS a temporary restraining order prohibiting National Amusements Inc. from taking any action to thwart the scheduled board meeting.

https://www.nytimes.com/2018/05/15/business/dealbook/cbs-viacom-merger-redstone.html

https://www.nytimes.com/aponline/2018/05/16/business/ap-us-cbs-national-amusements-lawsuit.html

https://www.nytimes.com/2018/05/17/business/media/cbs-shari-redstone-les-moonves.html

Silicon Valley Faces Regulatory Fight on Its Home Turf

The California Consumer Privacy Act of 2018 is a ballot initiative that would provide "consumers with increased privacy rights, including the ability to demand that companies do not sell their personal data." Consumers would have the right to ask a company to disclose the data collected about them, demand that companies do not sell data or share with third parties, and to sue companies that violate the law. While Google, Facebook, and other large companies have come out against the initiative, it has significant backing from former members of the industry and financiers.

https://www.nytimes.com/2018/05/13/business/california-data-privacy-ballot-measure.html

Fox Settles Discrimination Lawsuits for Roughly $10 Million

Fox News settled a group of racial and gender discrimination lawsuits involving 18 current and former employees for approximately $10 million. The settlements come after allegations of hostile racial discrimination taking place after reports to network executives. Those individuals who filed the lawsuits have agreed to drop their claims and to not seek future employment with Fox or other 21st Century Fox companies. This result is the latest indication that Fox News and 21st Century Fox are attempting to move past the negative attention drawn to them by scandals, including sexual harassment and discrimination.

https://www.nytimes.com/2018/05/15/business/media/fox-news-discrimination-lawsuits.html

Judge Rejects Lawsuit Against Fox by Ex-Host

United States District Judge George Daniels dismissed a lawsuit that former Fox News host Andrea Tantaros brought against the network, citing her allegations as being "vague, speculative and conclusory" and thus not serving as a sufficient basis for her complaints of sexual harassment. The network offered to settle the matter for more than $1 million so long as she remained silent, but her lawsuit sought unspecified damages. The channel claimed that the lawsuit was ultimately a "paranoid fantasy or a deliberate hoax." Although she filed claims for a wiretap and malware, she was not able to articulate how those claims were fleshed out in terms of factual allegations, prompting Judge Daniels to dismiss the complaint.

https://www.nytimes.com/aponline/2018/05/18/us/ap-us-tv-fox-news-tantaros.html

Suzanne Scott Named First Female Chief Executive of Fox News

The Murdoch family has named a longtime Fox News employee, Suzanne Scott, as the new chief executive of Fox News this week. She is one that has been seen as part of the old guard of Fox News as she rose up the ranks from the inception of Fox News in 1996 to the present through programming, production, and creative positions. In her position, she will report to Rupert Murdoch and his son, Lachlan Murdoch, the latter of whom called her "instrumental in the success of Fox News."

https://www.nytimes.com/2018/05/17/business/media/fox-news-suzanne-scott.html

Facebook Says That It Deleted 865 Million Posts, Mostly Spam

Facebook announced in an 86-page report that it deleted 865.8 million posts in the first quarter of 2018. Those posts consisted of spam, "nudity, graphic violence, hate speech, and terrorism." Facebook also announced that it removed 583 million fake accounts during the first quarter of 2018. Given the divisive messages and false news that have pervaded the social media platform, these moves are seen as a step toward more transparency.

https://www.nytimes.com/2018/05/15/technology/facebook-removal-posts-fake-accounts.html

Trump Meets Uzbek President, Does not Mention Human Rights

Uzbek President Shavkat Mirziyoyev visited the White House this week as part of an effort to bring the two countries together at a time when Uzbekistan has moved away from authoritarianism and more toward democracy. Senior Trump administration officials expected President Trump to raise the issues of human rights and freedom of the press when they met, but their public remarks this week did not reflect any discussion. If the topics were not raised, it would fit President Trump's pattern of being silent on human rights concerns with foreign leaders who have a history of those issues in their countries.

https://www.nytimes.com/2018/05/16/world/asia/trump-uzbekistan.html

Germany Acts to Tame Facebook, Learning from History of Hate

In Berlin, hundreds of men and women sit at computers and comb through Facebook to delete posts that may contain hate speech or other material that violates the law or the company's community standards. The center is known as a deletion center and contains over 1,200 content moderators. Germany's background makes this deletion more complicated, as it was the home of the Nazi ideology and battles with that reputation, only publishing Hitler's "Mein Kampf" with annotations, banning swastikas, and pushing inciting hatred with up to five years in jail. Nonetheless, the deletion also comes at a time when Europe is grappling more seriously and openly with regulating big technology companies like Facebook and Google, particularly as compared to the United States.

https://www.nytimes.com/2018/05/19/technology/facebook-deletion-center-germany.html

Hong Kong Journalist Roughed Up by Police in Beijing

The cameraman for a Hong Kong news station was detained by police in Beijing after he tried to cover a human rights lawyer's disciplinary hearing. He was wrestled to the ground, handcuffed, and forced into a police car with his forehead bleeding. While detained, he said that he signed a "note of remorse" as a result of his fear that his identification had been confiscated and because the officers had been so aggressive toward him.

https://www.nytimes.com/2018/05/16/world/asia/hong-kong-journalist-detained-china.html

The Los Angeles Times Suspends Beijing Chief Amid Sexual Misconduct Probe

The Los Angeles Times suspended the head of its Beijing bureau after he was accused of sexual misconduct for a second time. Jonathan Kaiman, a former Wall Street Journal editor, was accused of "problematic behavior" after he spent time with a woman and "escalated things in a way that crossed the line." While on an electric scooter, he lifted her dress and sexually touched her without consent, only stopping when she pushed him away and told him to stop. He denied the allegations and claimed to be "a proponent of women's rights and believe that every woman has a right to be heard and to tell her truth."

https://www.nytimes.com/aponline/2018/05/16/world/asia/ap-as-china-sexual-misconduct.html

May 28, 2018

Week in Review

By Nick Crudele
Edited by Elissa D. Hecker

U.S. and China Suspend Trade Tariffs

The United States withdrew its threat to levy $150 billion in tariffs on Chinese goods after China agreed to buy massive amounts of additional agricultural products from the U.S. and ease other barriers and tariffs imposed on U.S. goods. Treasury Secretary Steven Mnuchin said: "Both parties have agreed to suspend the tariffs [but] the president can always put tariffs back on."

https://www.wsj.com/articles/treasury-secretary-says-u-s-china-have-suspended-tariffs-1526908176

Trump Cancels North Korea Summit, North Korea Stilling Willing to Meet

President Trump abruptly canceled his much-anticipated summit with North Korea amid North Korea "Hostility." Trump said it was possible the summit could still take place though. North Korea said it was still willing to meet with the President. The president had been pressing his aides and allies about whether he should move forward with his historic meeting with North Korean leader Kim Jung-un. The President was surprised and angered by North Korea's statement that it would never trade away its nuclear weapons capability.

http://www.bbc.com/news/world-us-canada-44242558

https://www.nytimes.com/2018/05/20/us/politics/trump-north-korea-nuclear.html

Trump Demands Investigation into FBI, Department of Justice Surveillance on His Campaign

President Trump made a demand, via Twitter, into the FBI's and Department of Justice's (DOJ's) infiltration and surveillance of his 2016 presidential campaign. His tweet came after reports that a man who met with Trump's campaign aides was an FBI informant. The DOJ's inspector general, who is already investigating the FBI and DOJ's surveillance practices on Trump's former campaign advisor Carter Page, will expand its review to include tactics used against other campaign aides and advisors.

https://www.npr.org/2018/05/20/612857201/trump-demands-review-of-russia-investigation-surveillance-tactics

Congress Roles Back Dodd-Frank

Two months after the Senate, the House of Representatives passed legislation that would roll back banking rules put in place after the financial crisis. Although the reform gives relief to alleviates some of the burdensome and costly rules imposed on small and mid-sized banks under Dodd-Frank, it decreases consumer protections.

https://www.ft.com/content/649e6d66-5deb-11e8-ad91-e01af256df68

Supreme Court Delivers Win for Employers

The Supreme Court ruled that companies can use arbitration clauses in employment contracts that bar workers from taking legal action over workplace issues. The majority opinion cited federal law favoring arbitration and court precedents.

https://www.nytimes.com/2018/05/21/business/supreme-court-upholds-workplace-arbitration-contracts.html

Neighbors and U.S. Reject Venezuela's Sham Election

Venezuelan President Nicolas Maduro used food and other incentives to get the starving people of his country to re-elect him to another six-year term. Venezuela's neighbors however, refused to recognize the results, and the U.S. slapped more sanctions on the troubled country. Sanctions included barring U.S. companies and citizens from buying debt or accounts receivable from the Venezuelan government or government-owned entities. Maduro retaliated by kicking out two American diplomats.

https://www.nytimes.com/2018/05/21/world/americas/venezuela-nicolas-maduro-sanctions.html

American Falls Ill in China After "Abnormal Sounds"

An American government employee in China showed signs of a possible brain injury after reporting hearing disturbing sounds and sensations. This drew parallels with ailments that struck diplomats in Cuba.

https://www.nytimes.com/2018/05/23/world/asia/china-guangzhou-consulate.html

Trump Denies ZTE Deal

President Trump denied accusations that he made a deal that would spare Chinese technology firm ZTE from sanctions. ZTE's fate hangs in the balance. If Trump puts tariffs on the company, it may not be able to buy the much-needed American components for it phones.

https://www.nytimes.com/2018/05/22/business/trump-china-zte.html

Environmental Protection Agency Bars Three Reporters From Meeting

The Environmental Protection Agency (EPA) barred reporters from CNN, the Associated Press, and the energy and environment publication E&E News from a meeting about water contamination at EPA's headquarters. The EPA said it was a room capacity issue.

https://www.washingtonpost.com/lifestyle/style/epa-bars-three-reporters-from-covering-meeting-one-says-she-was-shoved-by-a-
guard/2018/05/22/9515f15e-5dd6-11e8-b2b8-08a538d9dbd6_story.html?utm_term=.4f4ec136d7d8

Underwood Becomes First Female New York Attorney General

Barbara Underwood became the first woman to serve as attorney general in New York, replacing Eric Schneiderman, who resigned earlier this month over allegations of sexual assault.

https://www.cnn.com/2018/05/22/politics/first-female-new-york-state-attorney-general/index.html

Kushner Given Security Clearance

Jared Kushner has been given a permanent security clearance. His security clearance was downgraded in February when Chief of Staff John Kelly ordered all officials with interim clearances to be cut off.

https://apnews.com/1a356c562c6e412a8840c08214276cf6

Want to Manage Your Digital Privacy? Don't Ignore Privacy Notices

With the implementation of GDPR in Europe, many companies are emailing alerts regarding their new privacy policies, flooding users' inboxes. Ignoring them, however, is not wise, as they may contain important information about managing your digital privacy. European leaders have been pushing other countries to adopt similar privacy laws in a push to make GDPR the de facto privacy law for the world.

https://www.nytimes.com/2018/05/23/technology/personaltech/what-you-should-look-for-europe-data-law.html

https://www.nytimes.com/2018/05/24/technology/europe-gdpr-privacy.html

Tibetan Man Gets Five Years in Prison For Protesting Chinese Policy Against Tibetan Language

A Tibetan businessman who campaigned to preserve the Tibetan language was sentenced to five years in prison. Tashi Wangchuk, in a New York Times video and article, warned that the Chinese government's policy of making Mandarin Chinese the language of schooling and government threaten the survival of the Tibetan language.

https://www.nytimes.com/2018/05/22/world/asia/tibetan-activist-tashi-wangchuk-sentenced.html

Below, for your browsing convenience, the categories are divided into Entertainment, Arts, Sports, and Media:

Entertainment

Weinstein Turns Himself in For Rape Charges in New York

Disgraced movie mogul Harvey Weinstein turned himself in to Manhattan police on charges of raping one woman and forcing another to perform oral sex on him. Weinstein posted $1 million cash bail and agreed to wear a monitoring device as part of a negotiated bail package.

https://www.nytimes.com/2018/05/24/nyregion/harvey-weinstein-arrest-new-york.html

#MeToo Movement Helps Low-Paid Women

The #MeToo movement and related initiative Time's Up Legal Defense Fund started to make good on promises to help vulnerable women outside Hollywood. This included supporting low paid women in their legal battles against workplace sexual harassment with corporations such as Walmart.

https://www.nytimes.com/2018/05/22/business/hollywood-times-up-harassment.html

R. Kelly Sued for Sexual Battery and False Imprisonment

An ex-girlfriend of singer R. Kelly sued him for sexual battery, false imprisonment, and failure to disclose a sexually transmitted disease. R. Kelly faced years of accusations of sexual misconduct and abuse of underage girls, all of which he denied.

https://www.nytimes.com/2018/05/21/arts/music/r-kelly-lawsuit-sexual-abuse.html

Son Defends Woody Allen Against Sexual Assault Allegations

Moses Farrow, the adopted son of Mia Farrow and Woody Allen, defended his father against sexual assault allegations brought by his sister in
1992. Farrow, in a personal essay, said that his mother was inflicting "fatal dysfunction" on the family and accused her of mental, verbal, and physical abuse, as well as brainwashing him and his sister. He also alleges his sister Dylan, who accused Woody Allen of molesting her, of being coached by their mother to make the accusations against Allen to get back at him during a messy divorce.

https://www.vanityfair.com/hollywood/2018/05/moses-farrow-pens-essay-defending-woody-allen

Morgan Freeman Denies Assault Allegations

Actor Morgan Freeman denied allegations by eight people who accused him of sexual harassment and inappropriate behavior, saying that his actions didn't equate to sexual assault or abuse in the workplace. Sixteen people interviewed by CNN said they were victims of or witnessed harassment or inappropriate behavior by Freeman.

https://www.cnn.com/2018/05/26/entertainment/morgan-freeman-harassment-statement/index.html

Arts

Lawsuit Filed Against Robert Indiana's Caretaker

In a federal lawsuit, filed a day after artist Robert Indiana died, a company that owns the rights to some of his works argued that Indiana's longtime caretaker isolated him from his friends and supporters, forged some of Indiana's most recognizable works, and exhibited the fraudulent works in museums. Indiana, famous for his LOVE sculpture, became reclusive and didn't speak with close friends and family in the years before his death. One of Indiana's last pieces, at least according to caretaker Michael McKenzie, is a tribute to bratwurst, commissioned by Johnsonville Sausage. However, some don't believe Indiana created the work, because the sculpture didn't have his famous tilted letter and Indiana has spent years trying to separate himself from the commercial arts scene. McKenzie insists that the BRAT sculpture is the work of Indiana.

https://www.nytimes.com/2018/05/21/arts/design/robert-indiana-vanished-artist.html

Sports

Lawsuit Alleges Abuse Cover-Up by U.S.A. Swimming

2012 Olympic swimmer Ariana Kukors filed a lawsuit against U.S.A. Swimming alleging that the organization knew about sexual abuse by her coach Sean Hutchison and failed to stop it. A 2010 investigation by the Washington Post reported on U.S.A. Swimming conerns about an inappropriate relationship between Hutchison and an "unnamed swimmer." U.S.A. Swimming issued a statement saying that during a 2010 investigation, both Kukors and Hutchison, as well as Kukor's family, denied the existence of a romantic relationship.

https://www.washingtonpost.com/sports/olympics/ariana-kukors-smith-alleges-top-usa-swimming-officials-ignored-sex-abuse/2018/05/21/1d6f3246-5d36-11e8-a4a4-c070ef53f315_story.html?utm_term=.2c22bf9823a0

Tribes Stake Their Claim to Sports Betting

Now that the Supreme Court has cleared the way for sports betting, the next battle will be between the states and American Indian Tribes. Federal legislation allows tribes to operate casinos, but agreements between each state and local tribes govern issues such as exclusivity of games and revenue sharing. Now that sports betting is allowed, these agreements will be looked to, and fought over, to determine who gets a piece of the sport betting proceeds.

https://www.nytimes.com/2018/05/21/sports/sports-betting-indian-casinos.html

National Football League Changes National Anthem Policy

National Football League team owners approved a new national anthem policy requiring players on the field to stand and fining players who show disrespect for the anthem, including by kneeling. However, players are no longer required to leave the locker room for the anthem. Teams will be fined if players protest on the sidelines.

http://www.espn.com/nfl/story/_/id/23582533/nfl-owners-approve-new-national-anthem-policy

FIFA Ends Russia Doping Inquiry

FIFA closed its doping investigation into the Russian soccer team, clearing the way for it to play in the World Cup hosted by Russia next month. FIFA said that there was "insufficient evidence" of wrongdoing.

https://www.nytimes.com/2018/05/22/sports/soccer/fifa-russia-doping-guerrero.html

Texans Cheerleader Sues Team

A Houston Texans cheerleader sued the team in federal court claiming she and others have been paid below the state and federal minimum wages. The suit claims that the cheerleaders were not paid for services as part of their employment, including tweeting every 48 hours in the offseason, and going to the gym and tanning before games.

https://www.forbes.com/sites/darrenheitner/2018/05/23/houston-texans-cheerleader-sues-team-for-underpaying-7-25-hourly-wage-and-wrongful-termination/#12a943962d45

Illegal Hit Puts Japanese Football, Culture in Spotlight

An illegal hit in a football game in Japan has put the spotlight on the violence of American football and a culture of "power hara" or harassment by those in power who force underlings to do things against their wills. The hit, which has played on-loop throughout Japan, led to the offending player to apologize, and blame his coaches for his actions.

https://www.nytimes.com/2018/05/22/sports/football/japanese-football.html

States Pushing to Limit Federal Regulations on Sports Gambling

States and private entities linked to sports gambling are lobbying to keep the federal government out of it. After the Supreme Court's decision last week to allow sports gambling, all sides of the debate have tried to stake their claims, including state government and sports leagues.

https://www.nytimes.com/2018/05/23/sports/sports-gambling-regulation.html

Congress Holds Hearing on U.S.A. Gymnastics Abuse Scandal

Congress held a hearing on U.S.A. Gymnastics and its failure to stop Dr. Larry Nassar from abusing hundreds of athletes.

https://www.nytimes.com/2018/05/23/sports/larry-nassar-house-hearing.html

Jack Johnson Pardoned By President

President Trump pardoned boxer Jack Johnson for a racially motivated conviction 50 years after the boxer's death. In 1913, Johnson was convicted for transporting a white woman across state lines.

https://www.nytimes.com/2018/05/24/sports/jack-johnson-pardon-trump.html

Media

Lawyer to Stars Fights Facebook Like the Tabloids

Celebrity lawyer Paul Tweed, whose made his name by fighting the likes of CNN, Forbes, and The National Enquirer for defamation and privacy law on behalf of his famous clients, is going after Facebook and other social media sites using the same tactics. Tweed argues that the sites are more than just platforms, and that they should be responsible for the content put on them.

https://www.nytimes.com/2018/05/21/world/europe/facebook-libel-paul-tweed.html

Sandy Hook Families Sue Conspiracy Theorist Over Lies

The family of Sandy Hook victims and an FBI agent involved in the investigation are suing right-wing conspiracy theorist and Trump loyalist Alex Jones for defamation for his "persistently perpetuated a monstrous, unspeakable lie." Jones, creature of InfoWars website, has called the families of those killed in the massacre "gun grabbers" who made up the massacre as part of an elaborate hoax.

https://www.nytimes.com/2018/05/23/us/politics/alex-jones-trump-sandy-hook.html

Trump Can't Block Twitter Followers

A federal judge ruled that President Trump cannot block users on his Twitter feed. Judge Naomi Reice Buchwald said in her ruling that Trump is violating the U.S. Constitution by preventing certain Americans from viewing his tweets on @realDonaldTrump and called the social media platform a "designated public forum."

https://www.cnbc.com/2018/05/23/trump-cant-block-twitter-followers-federal-judge-says.html

Boston Globe Has its #MeToo Moment

The Boston Globe announced that it was investigating a suggestion on Twitter that editor Brian McGrory sent an inappropriate text to a former employee. McGrory denies harassing the former employee or anyone else. This comes a year after the newspaper published a note to its readers about forcing out another reporter over allegations of sexual harassment.

https://www.nytimes.com/2018/05/24/us/boston-globe-newsroom.html

About May 2018

This page contains all entries posted to The Entertainment, Arts and Sports Law Blog in May 2018. They are listed from oldest to newest.

April 2018 is the previous archive.

June 2018 is the next archive.

Many more can be found on the main index page or by looking through the archives.