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January 5, 2019

Center for Art Law Case Updates

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

Bruce Berg v. Kingdom of The Netherlands et al., No. 2:18-cv-3123 (D.S.C. filed on Nov. 11, 2018). In the wake of restitution cases brought against European museums, Bruce Berg, the heir of the Katz brothers who were Dutch partners and collectors, filed a federal suit against the Dutch government to recover paintings allegedly sold or traded under duress to representatives of the Nazi regime between mid-1940 and 1942, during the Nazi occupation of the Netherlands (https://www.forbes.com/sites/walterpavlo/2018/12/10/federal-lawsuit-seeks-to-recover-art-lost-during-nazi-occupation-of-netherlands/amp/?utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8). Complaint available upon request.

Otto v. Hearst Communications, Inc., No. 1:17-cv-04712 (S.D.N.Y. Dec. 10, 2018). A case over a photo misused by several media sources to headline stories about President Trump highlights how Copyright law extends to amateur photographers, such as Jonathan Otto (https://www.law360.com/articles/1110325/-guy-with-iphone-beats-hearst-in-trump-pic-copyright-suit?nl_pk=933b2dbc-00b3-4d5d-9896-14cf322848bb&utm_source=newsletter&utm_medium=email&utm_campaign=special&utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8, http://blog.digitalmedialicensing.org/?p=4678&utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8). The Southern District allowed Otto to claim originality in his work, and found that Esquire.com's use of the 2017 photo of Trump at a private wedding in an article about him crashing the wedding was not fair use. Order available upon request.

His All Holiness, Bartholomew I, The Archbishop of Constantinople, Newrome, and Ecumenical Patriarch et al v. Princeton University, No. 3:18-cv-17195 (D.N.J. filed on Dec. 13, 2018). Princeton University's collection includes Byzantine Era Manuscripts that church leaders argued were stolen from a monastery in Greece during World War I (https://www.nytimes.com/2018/12/14/arts/design/princeton-eastern-orthodox-church.html?utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8). Evidence put forth by the church leaders includes a Princeton-published book, which states that the manuscripts had been taken by Bulgarian guerrilla forces in 1917. Princeton, meanwhile, remains confident that its provenance research demonstrates that the manuscripts were not looted. Complaint available upon request.

Cenedella v. Metropolitan Museum of Art et al., No. 1:18-cv-01029 (S.D.N.Y. Dec. 19, 2018). "Rebel" artist Robert Cenedella's suit against five major New York museums was dismissed for insufficient evidence (https://hyperallergic.com/476464/can-an-outsider-artist-win-his-100-million-lawsuit-against-nycs-five-major-museums/?utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8, https://news.artnet.com/art-world/art-bastard-suit-dismissed-1426297?utm_source=Center%20for%20Art%20Law%20General%20List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8). Cenedalla claimed that the Metropolitan Museum of Art, the Whitney Museum of American Art, the Museum of Modern Art, the Solomon R. Guggenheim Museum, and the New Museum were conspiring to exclude him and other deserving artists from their collections and exhibition programs because the artists were not represented by major galleries. Order available upon request.

U.S. v. One Painting Entitled "Secret Departure of Ivan the Terrible Before the Oprichina", No. 1:18-cv-03015 (D.D.C. filed on Dec. 20, 2018). The U.S. Attorney filed a notice of forfeiture of an oil painting entitled "Secret Departure of Ivan the Terrible Before the Oprichina" by Russian artist Mikhail N. Panin. The piece had hung on the walls of the Connecticut home of Holocaust survivor Gabby Tracy (https://www.nbcnewyork.com/investigations/national-investigations/Painting-Stolen-From-Nazi-Occupied-Eastern-Europe-Recovered-in-DC-Area-503324421.html?amp=y&utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8); it was sent for auction in 2017, before research revealed that it had been looted from the Dnepropetrovsk Art Museum in Ukraine during WWII (https://www.washingtonpost.com/local/public-safety/ivan-the-terrible-painting-sent-for-auction-had-been-looted-during-nazi-occupied-ukraine/2018/12/21/d0a43c68-0546-11e9-b5df-5d3874f1ac36_story.html?mc_cid=b82c81de10&mc_eid=8a2eda70d8&noredirect=on&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_source=Center%20for%20Art%20Law%20General%20List&utm_term=.6aaff6739eb2). The government seized the painting right before the auction, which was not contested by the Tracys. The notice filed by the U.S. Attorney ensures that no one else can claim ownership before the FBI returns the painting to Ukraine. Complaint available here: https://www.courthousenews.com/wp-content/uploads/2018/12/Forfeiture-Complaint.pdf?utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&mc_eid=8a2eda70d8.

Viktor v. Top Dawg Entertainment LLC, No. 1:18-cv-01554 (S.D.N.Y. Dec. 21, 2018). Artist Lina Iris Viktor claimed rapper Kendrick Lamar appropriated her artwork in a video clip for the "Black Panther" movie soundtrack. The parties announced that they reached a settlement (https://www.theartnewspaper.com/news/artist-lina-iris-viktor-and-rapper-kendrick-lamar-resolve-black-panther-legal-battle?utm_source=Center+for+Art+Law+General+List&utm_campaign=b82c81de10-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_022731d685-b82c81de10-346773625&mc_cid=b82c81de10&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.

January 6, 2019

Week In Review

By Eric Lanter
Edited by Elissa D. Hecker

General News

Nancy Pelosi Elected Speaker as Democrats Take Control of House

The House of Representatives changed hands this week, and for the first time in decades, a former Speaker of the House has returned to the post after having lost it. Nancy Pelosi, formerly the Majority Leader of the Democrats in the House and a representative from California, has retaken the gavel and already sent a message to Republicans and President Trump. She began the day by suggesting that a sitting president may be indicted and reiterating that Democrats would not pass a bill that approved funding for a border wall.


Government Shutdown Leaves Workers Reeling: 'We Seem to Be Pawns'

The federal government is now in its third week of being shut down, making it the longest shutdown in United States history. While members of Congress expressed hope that it would be over in a matter of days or weeks, bringing hope to the hundreds of thousands of federal employees who are being docked pay, President Trump took to the Rose Garden to announce that the shutdown could last months or even years if the demand for the border wall funding is not met. The consequences of the shutdown go beyond paychecks: the chairman of the Federal Communications Commission announced that the agency would "suspend most operations," and many government lawyers are beginning to ask federal judges for stays in actions, given the limited government resources during the shutdown.


Undocumented Worker Says That Trump Resort Shielded Her From Secret Service

The Trump National Golf Club, Bedminster has recently terminated workers who were not eligible to work in the country, and a former employee of the New Jersey golf course has said that her name was removed from a list of workers that the Secret Service vets. These reports are the latest indication that the resort knew it was hiring undocumented workers. Several of the workers have been cooperating with the New Jersey Attorney General's office and the Federal Bureau of Investigation, as there may be evidence of managers knowing that workers were illegally working and potentially one supervisor helping an employee obtain forged working documents.


Elizabeth Warren Announces Iowa Trip as She Starts 2020 Presidential Run

Senator Elizabeth Warren of Massachusetts has announced that she is entering the 2020 presidential race, becoming the first major candidate in what is likely to be a crowded Democratic primary. She is planning to visit Iowa in the coming days, as it is the first state to vote in the primary in February 2020. The fight for the Democratic nomination is expected to be as wide open as in 1992, and other top-tier candidates, such as former Vice President Joe Biden and Senator Bernie Sanders, are expected to announce their runs in the coming weeks.


U.S. Ambassador Visits American Arrested in Russia on Spying Charge

Following Russia's arrest of an American (and Canadian, British, and Irish) citizen, Paul Whelan, for charges of espionage comes Ambassador Jon Huntsman's visit to Whelan. Secretary of State Mike Pompeo, at a news conference, announced that the State Department is learning more about the charges and the circumstances surrounding Whelan's visit to Russia, and he has vowed that if the detention is not appropriate, "we will demand his immediate return." Whelan's family has said that he was in Moscow for the wedding of a friend.




Chief Justice Pushes for Tougher Measures to Shield Court Workers From Harassment

Supreme Court Chief Justice John Roberts wrote this week that the federal court system "must do more to protect law clerks and other employees from abusive conduct." His statement comes approximately a year after allegations from 15 women surfaced that Judge Alex Kozinski of the Ninth Circuit Court of Appeals had sexually harassed them over the course of three decades. Many had served as his law clerks and have detailed his inappropriate comments and touches. In response, Judge Kozinski stated that he had a "broad sense of humor and a candid way of speaking to both male and female clerks alike." Chief Justice Roberts observed that the very qualities that make the law clerk position attractive, close proximity to senior members of the legal profession, "can create special risks of abuse."


$15 An Hour Wage Seemed Impossible and Is Now Reality for a Million New Yorkers

On Monday, the the minimum wage rose to $15 an hour in New York City for most companies that employ more than 10 workers. The two dollar increase comes six years after fast-food workers in New York City, who were then earning as little as $7.25 an hour, joined together to demand a seemingly preposterous $15 minimum wage. Their effort led to a movement in New York City and several cities on the West Coast, including San Francisco and Seattle, and in New York, several labor leaders and unions led the effort to raise the minimum wage.


China's Moon Landing: Lunar Rover Begins Exploring

A 300-pound Chinese rover landed on the far side of the moon. It began transmitting images to Earth of a side of the moon less known than the one constantly facing Earth and is traveling toward a crater near the landing site. The reaction within China to the landing of the rover has been muted, as many find the slowing economy and trade war with the United States to be of greater importance. It has caused some Chinese to wonder how much money the government is spending on the country's space missions at a time when the economy needs boosting.



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


Twisted Sister Clashes With Australian Politician Over Use of Rock Anthem

The rock band Twisted Sister has told an Australian politician, Clive Palmer, to stop using its song "We're Not Gonna Take It" in his advertising campaign. The ads that the campaign has aired changed the words to "Australia ain't gonna cop it" and criticizes the spending and delays related to an infrastructure project. Dee Snider, the lead singer of Twisted Sister, said that he was incensed by the "butchering" of the song and that the band was considering legal action against the politician.


Offered Free Tickets for 'Schindler's List,' Germany's Far Right Sees a Provocation

Steven Spielberg announced that he would bring the film "Schindler's List" back to theaters around the world in a hope to provoke discussion. An independent movie theater in western Germany offered free tickets to members of the far-right party Alternative for Germany to screen the film on Holocaust Remembrance Day, January 27th. Some leaders of the party have seen the screening as a "senseless provocation," and the screening theater has released a statement: "We see ourselves as a meeting place; films are windows on the world and initiate discussion in society."


Fewer Women Directed Top Films in 2018, Study Finds

Even as women in Hollywood had a more prominent voice in advocating for their rights in the industry, new research finds that this has not translated into women making "headway securing key positions in top films." Women comprised 8% of directors in the top 250 films at the domestic box office last year, down from 11% the year before and even below the 9% figure in 1998. Behind the scenes positions were more positive, such as producers, executive producers, writers, and editors.



New Life for Old Classics As Copyrights Run Out

With the first of the year came a number of works into the public domain. Works by several artists and writers, including Marcel Proust, Agatha Christie, Joseph Conrad, Edith Wharton, Rudyard Kipling, and Robert Frost, are losing their protected status. Serving as a boon to readers, who will have more editions from which to choose, the deluge of available works goes back to Congress' legislation in 1998, which extended copyright protections by 20 years. The law reset the copyright term for works from 1923 to 1977 and lengthened the period from 75 years to 95 years. Each January will now bring "a fresh crop of novels, plays, music, and movies into the public domain."


Star Conductors Faced #MeToo Allegations and Are Back

Conductors Daniele Gatti and Charles Dutoit faced sexual harassment allegations in 2017 and have already returned to conducting. This has raised questions of the effectiveness of the #MeToo movement in other parts of the world and industries. James Levine, the former music director of the Metropolitan Opera, was also fired following accusations of sexual misconduct, and some question whether and how soon he may return to the industry. Other performers who have been accused of sexual misconduct, such as stand-up comedian Louis C.K., have also been making inroads to resuming their careers.


Uffizi Prods Germans to Return Painting Stolen in World War II

The Uffizi Galleries in Florence, Italy have called on the German government to see that an 18th century piece, "Vase of Flowers" by Dutchman Jan van Huysum, be returned to the museum after having been stolen during World War II. The museum has taken to social media to create public pressure for the German government to respond, and the latter has not yet done so. Under German law, legal claims for stolen property cannot be made after more than 30 years, but there have been negotiations between Italian authorities and agents for the German family that has had the work for decades.


Archaeologists Find Pre-Columbian Temple of 'Flayed Lord'

Archaeologists in Mexico have discovered a temple dedicated to a deity known as the Flayed Lord, a god important to the Aztec Empire. The temple is located in the central state of Puebla at a site built by the Popoloca people and is estimated to have been built between 1000 and 1260 A.D. It is expected that when the Aztecs took over the area around 1450 A.D., it adopted the culture and language of the Popoloca people into its society.



National Basketball Association Assistant Is Paid As Much As An Intern

Kristi Toliver, a player in the Womens National Basketball Association (WNBA) for the Washington Mystics, hoped to continue her career in the role of an assistant coach in the National Basketball Association (NBA). She expected the move to be a positive one for her career, given the prestige of the NBA, but did not expect the issue in relation to pay: because the move would be to the Washington Wizards, a team with the same owner as the Mystics, her pay would be limited to $10,000. The WNBA places a $50,000 limit on what can be paid to its players for off-season work, and $40,000 had already been promised to Toliver's teammate, leaving her with the remainder for her work. Meanwhile, other NBA assistants make $100,000 or more a year for the same work. She agreed to take the job regardless of the measly pay and accepted "what amounts to a high-profile internship financially."


Firing of Several Black Coaches Puts National Football League Hiring Under Scrutiny

Several weeks ago, the National Football League's (NFL) 32 owners announced that it was strengthening rules "to obligate teams to consider minority candidates when hiring coaches." With the end of the regular season this week, coaches knew that they could be shown the door. The result has been five African-American coaches fired in 2018, leaving only two African-American coaches in a league where over 70% of players are African-American. With eight current coaching vacancies, analysts are waiting to see whether the NFL's hiring practices will in fact live up to the its words.


Russia Misses Deadline to Provide Doping Data

Russia has missed the deadline to provide doping data for its athletes, which was a condition of lifting penalties that had barred Russia from hosting or participating in international events. The country pledged in September to deliver the data to the regulator, the World Anti-Doping Agency, which would show whether the doping that occurred was part of a state-sanctioned program. Given the failure to provide the data, it is expected that Russia will continue to be penalized and its athletes not permitted to participate in sporting events around the world.


Top Qatari Soccer Official Barred From Tournament in United Arab Emirates

The sports world has again been the site of flaring tensions between Qatar and its Arab neighbors. A Qatari vice president of Asia's soccer confederation was not permitted to travel to the United Arab Emirates ahead of the region's top tournament as part of UAE's breaking diplomatic relations and severing all ties with Qatar in 2017. The Asian Football Confederation released a statement to the effect that it had received assurance "of visas and entry permits" for the organizing committee members and executives for the tournament. It is unlikely that many Qatari supporters will be permitted to travel to Abu Dhabi to see their country's team compete.



Facebook Takes on Tricky Public Health Role

In recent months, Facebook has been contacting police departments all over the world when its monitors have perceived threats of suicide from its users. In one case in Ohio, police located the woman and forced her to undergo a psychiatric evaluation at the hospital or otherwise be arrested. Facebook has emerged as "a global arbiter" of mental distress even as it has faced scrutiny for failing to properly deal with election interference and "ethnic hatred campaigns." Those who support Facebook say that it is an example of how Facebook's power can be used for good.


Los Angeles Accuses Weather Channel App of Covertly Mining User Data

The city attorney of Los Angeles has filed an action against the Weather Company, owner of the Weather Channel app, for its deceptive collection, sharing, and profiting from the location information of millions of American consumers. The app has been downloaded more than 100 million times and has 45 million active monthly users, and the lawsuit alleges that the data from users has been used "for unrelated commercial purposes, like targeted marketing and analysis for hedge funds." A previous report by The New York Times showed that at least 75 companies engaged in similar practices, with one company "logging a person's whereabouts more than 14,000 times in just one day." The lawsuit seeks civil penalties of up to $2,500 for each violation of the Unfair Competition Law based on its failure to disclose its data practices when obtaining users' permission to track location.


Censoring China's Internet For Stability and Profit

Chinese media companies employ thousands of censors to comb through online content and block anything the government considers dangerous, such as oblique references to "Chinese leaders and scandals, or the memes that touch on subjects the Chinese government does not want people to read about." Many of the censors begin learning their own history by doing so, as one graduate reported learning of the 1989 Tiananmen Square crackdown and the Nobel Peace Prize laureate, Liu Xiaobo. The stakes are high for censors, as they are expected to not miss any content, as such "could cause a serious political mistake."


January 16, 2019

Week In Review

By Leslie Berman
Edited by Elissa D. Hecker


Supreme Court Takes Eight Cases, but Doesn't Act on Some Big Ones

The Supreme Court added eight cases to its docket, including how gun laws apply to undocumented immigrants and whether the police may have blood drawn from unconscious motorists suspected of drunken driving. However, the court took no action on an unusually large number of pending petitions on significant issues, including President Trump's efforts to shut down a program that shields 700,000 young undocumented immigrants from deportation and to bar most transgender people from military service. Other petitions under consideration concern an Indiana abortion law, a New York City gun control ordinance, a New Jersey ruling barring government grants to repair churches, and whether a federal civil rights law prohibits job discrimination against gay, lesbian, and transgender workers.


Supreme Court Stays Out of Secret Case That May Be Part of Mueller Probe

The Supreme Court refused to intercede in a fight over a sealed grand jury subpoena to a foreign corporation issued by a federal prosecutor who may or may not be Robert S. Mueller III, the special counsel investigating the Trump-Russia affair. The Court's action means that the corporation, which has not been identified, must provide information to the prosecutor or face financial penalties. The Court's two-sentence order gave no reasons and provided no details.


Justice Kavanaugh Issues First Opinion in Arbitration Case

Supreme Court Justice Brett Kavanaugh issued his first written opinion in a unanimous ruling that lower courts may not override companies' abilities to use arbitration to resolve disputes with customers or other businesses. Newly appointed justices are generally assigned non-controversial, unanimous cases as their first opinions. Justice Kavanagh's first vote was with the majority ruling that Louisiana and Kansas may not end funding for Planned Parenthood through their Medicaid programs.


Supreme Court Won't Intervene in Case of Kennedy Cousin Skakel

The Supreme Court denied prosecutors' attempts to revive the overturned conviction of Michael C. Skakel, a cousin of the Kennedys, who was charged with murdering a neighbor when he and she were teenagers. Prosecutors sought to appeal a decision by the State Supreme Court to overturn Skakel's conviction, which reversed the Court's own prior decision.


Justice Ruth Bader Ginsburg Misses Supreme Court Arguments

Justice Ruth Bader Ginsburg missed the Supreme Court's post-holiday break opening arguments as she recuperated at home from cancer surgery. This was the first time Justice Ginsberg has missed an argument in 25 years on the Court, but was announced to be working from home. The Justice will take part in the consideration of those cases based on briefs submitted by the parties and transcripts of the arguments.


Court Rejects Trump's Cuts in Payments for Prescription Drugs

Federal Judge Rudolph Contreras rejected President Trump's effort to cut payments for prescription drugs, saying that the administration went far beyond its legal authority. The Court's ruling states that the Trump administration made a "drastic departure from the statutorily mandated rates" when it reduced payments to hospitals for drugs given to Medicare beneficiaries in outpatient clinics. The secretary of health and human services may not "end-run Congress's clear mandate."


Ocean Warming Is Accelerating Faster Than Thought, New Research Finds

Scientists say that the world's oceans are warming far more quickly than previously thought, a finding with dire implications for climate change, because almost all the excess greenhouse gas heat absorbed by the planet -- about 93% of it -- ends up stored in the oceans. A new analysis found that the oceans are heating up 40% faster on average than a United Nations panel estimated five years ago.


Trump Storms Out of White House Meeting With Democrats on Shutdown

President Trump stormed out of a White House meeting with congressional leaders when Speaker Nancy Pelosi said she would not fund a border wall even if he agreed to reopen the government. Democrats present at the meeting said the President had thrown a "temper tantrum" before leaving abruptly. The President's exit left the negotiation in disarray, and congressional leaders without a plan for next steps.


Federal Aviation Administration Unions Highlight Potential Risks to Air Safety From Shutdown

Union leaders representing air traffic controllers and aviation safety inspectors warned that the partial government shutdown was hurting the safety of the nation's air travel system. Their rally outside the Capitol was one of many efforts by the labor movement to press Washington to put federal employees back to work.


Government Shutdown Curtails Food and Drug Administration Food Inspections

The government shutdown has caused the Food and Drug Administration (FDA) to halt routine food safety inspections of seafood, fruits, vegetables and many others at high risk of contamination. FDA inspectors normally examine operations at about 160 domestic manufacturing and food processing plants each week. Nearly one-third of them are considered to be at high risk of causing food-borne illnesses. The FDA oversees the safety of about 80% of the U.S. food supply, as well as most overseas imports.


Shutdown Means Environmental Protection Agency Pollution Inspectors Aren't on the Job

The federal government's inspections of chemical factories, power plants, oil refineries, water treatment plants, and of thousands of other industrial sites for pollution violations is suspended during the government shutdown. The Environmental Protection Agency has furloughed most of its 600 pollution inspectors and workers who monitor compliance with environmental laws, increasing chances that, either by design or by accident, companies might emit illegal levels of contaminants into the air or water without detection, potentially contaminating streams and rivers.


White House Considers Using Storm Aid Funds as a Way to Pay for the Border Wall

Under constant bombardment from President Trump about tying funding to build a border wall with ending the federal government shutdown, White House officials considered diverting emergency aid from storm- and fire-ravaged Puerto Rico, Florida, Texas and California, perhaps under an emergency declaration. Some Senate Republicans tried to work out a deal to reopen the government while Congress worked toward a broader agreement tying wall funds to protection for some undocumented immigrants and other migrants. But those negotiations had not really begun when Vice President Mike Pence and other members of Mr. Trump's team let it be known privately that the president would not back such a deal.


Trump Pulls Back From Declaring a National Emergency to Fund a Wall

President Trump has stepped back from declaring a national emergency to pay for a border wall under pressure from congressional Republicans, his own lawyers and advisers, who say using it as a way out of the government shutdown does not justify the precedent it would set and the legal questions it could raise. The President has grown increasingly frustrated by his inability to bend the Democrats to his will; but just as he stated that declaring a national emergency was not in the offing, he contradicted himself, saying that he would declare a state of emergency if he had to.


Manafort Accused of Sharing Trump Polling Data With Russian Associate

Paul Manafort shared political polling data with a business associate tied to Russian intelligence while in his position in the Trump campaign. An unsealed court filing provided the clearest evidence to date that the Trump campaign may have tried to coordinate with Russians during the 2016 presidential race. Manafort's lawyers made the disclosure by accident, through a formatting error in a document filed to respond to charges that he had lied to prosecutors working for the special counsel, Robert S. Mueller III, after agreeing to cooperate with their investigation into Russian interference in the election. The document also revealed that during the campaign, Manafort and his Russian associate, Konstantin V. Kilimnik, discussed a plan for peace in Ukraine.


FBI Opened Inquiry Into Whether Trump Was Secretly Working on Behalf of Russia

In the days after President Trump fired James B. Comey as FBI director, law enforcement officials became so concerned by the president's behavior that they began investigating whether he had been working on behalf of Russia against American interests, according to former law enforcement officials and others familiar with the investigation. Counterintelligence investigators had to consider whether the president's own actions constituted a possible threat to national security. Agents also sought to determine whether Trump was knowingly working for Russia or had unwittingly fallen under Moscow's influence. The FBI's investigation also had a criminal aspect, as to whether the President's firing of Comey constituted obstruction of justice.


Trump's Efforts to Hide Details of Putin Talks May Set Up Fight With Congress

President Trump's efforts to hide his conversations with President Vladimir V. Putin of Russia and new details about the FBI inquiry into his ties to Moscow have intensified debate over his relationship with Russia, adding fuel to Democrats' budding investigations of his presidency and potentially setting up a clash between the White House and Congress. Trump has repeatedly withheld details of his conversations with
Putin, according to current and former American officials, a practice that has left officials blind to the dynamic between the two leaders and intensified questions within the administration over the president's actions.


Michael Cohen, Trump's Former Lawyer, Agrees to Testify to Congress

Michael D. Cohen, President Trump's former personal lawyer who implicated the latter in a scheme to pay hush money to two women claiming to have had affairs with him, has agreed to testify before a House committee and give "a full and credible account" of his work for Trump in a televised hearing that threatens to further damage the president's image and could clarify the extent of his legal troubles.


Prosecutors Examining Ukrainians Who Flocked to Trump Inaugural

President Trump and his wife Melania danced at the Inaugural Liberty Ball in company with hundreds of their wealthiest and most influential supporters, including a dozen or more Ukrainian political and business officials. Those Ukrainians attended meetings and had encounters at Trump International Hotel with influential Republican members of Congress and close allies of President Trump while in Washington D.C. for the celebration.


Democrats Start Investigative Gears, but Slowly

Democrats have quietly sent dozens of letters in recent weeks seeking documents and testimony from President Trump's businesses, his campaign, and his administration, setting the table for investigations that could reach the center of his presidency. Clear targets have emerged in the process: Family separation and detention policies at the border and the acting attorney general's oversight of the special counsel, Robert S. Mueller III. However, Democrats do not plan to reopen a full-scale Russian interference investigation, and are holding off on an immediate request for Trump's tax returns.


Bolton Puts Conditions on Syria Withdrawal, Suggesting a Delay of Months or Years

National Security Adviser John R. Bolton rolled back President Trump's decision to rapidly withdraw from Syria, laying out conditions for a pullout that could leave American forces there for months or even years. During a visit to Israel, Bolton told reporters that American forces would remain in Syria until the last remnants of the Islamic State were defeated and Turkey provided guarantees that it would not strike Kurdish forces allied with the United States. He and other top White House advisers have led a behind-the-scenes effort to slow Trump's order and reassure allies, including Israel.


U.S. Downgraded European Union's Diplomatic Status (but Didn't Say Anything)

The President has been critical of multinational organizations like the United Nations and the European Union (EU), and has suggested that the Brussels government has not been good for its member nations. However, it was a shock to the EU to discover that the Trump administration had downgraded the diplomatic status of its delegation to the United States last year, from member state to an international organization, without making a formal announcement or informing the EU about the change. This was discovered during President Bush's funeral, when the EU ambassador was introduced out of protocol order, at the end of all other introductions. After protest from Brussels and talks between the EU and the Trump administration, the reclassification is believed to have been reversed, at least temporarily.


Iran Has Held U.S. Navy Veteran Since July, Family Says

An American Navy veteran has been held in an Iranian prison on unspecified charges since late July, when he was seized while visiting an Iranian girlfriend. This could further complicate relations between the United States and Iran. Tension between the countries worsened substantially after President Trump renounced the nuclear accord with Iran last May and reimposed severe sanctions. At least three other American citizens, two of them of Iranian descent, have been incarcerated in Iran for years. Another American has been missing in Iran for more than a decade.


Clemency Decision Sparks Praise, Political Questions

Outgoing Republican Governor Bill Haslam of Tennessee granted clemency to a woman who killed a man when she was 16. The governor quietly issued his decision on Cyntoia Brown, who says she was a sex-trafficking victim, but the news quickly spread among criminal justice advocates, celebrities and other supporters who had been fighting for years to help Brown (such as Kim Kardashian West and Rihanna). Law enforcement officials had opposed clemency, arguing that Brown was not justified in killing a 43-year-old man who authorities said had paid to have sex with her. The governor's office received an estimated 100,000 phone calls and emails from supporters pleading for mercy.


Saudi Woman Who Fled Family Is Granted Refugee Status

A young Saudi woman who escaped from her family in Kuwait by boarding a flight to Bangkok, and barricaded herself in a Bangkok airport hotel room to avoid deportation, was granted refugee status by the United Nations refugee agency, clearing the way for an asylum request. The woman said she feared her relatives would kill her if she was forced to return to them. She escaped from her family in Kuwait intending to fly to Australia and apply for asylum, but Thai immigration officials blocked her from entering the country and threatened to deport her. After a tense standoff that was followed on social media, the Thai Immigration Bureau agreed to let her leave the airport under the protection of the United Nations agency, and Canada granted her asylum.


Veselnitskaya, Russian in Trump Tower Meeting, Is Charged in Case That Shows Kremlin Ties

Natalia V. Veselnitskaya, the Russian lawyer who met with Trump campaign officials in Trump Tower in 2016, and is a pivotal figure in the
investigation into Russian interference in the presidential campaign, was charged in a separate case with seeking to thwart an earlier investigation into money laundering that involved an influential Russian businessman and his investment firm.


Board Sued Over Google's Exit Package for Accused Executive

A shareholder lawsuit filed in California Superior Court says that the board of directors of Google's parent company, Alphabet, played an "active and direct role" in approving a $90 million exit package for Andy Rubin, a senior executive, even though an investigation into a sexual harassment claim against him was deemed credible.


Facing Legal Action, Insurer Now Will Cover People Taking Truvada, an H.I.V.-Prevention Drug

Settling allegations of discrimination filed by the Massachusetts attorney general's office, Mutual of Omaha has agreed not to deny insurance to people who use medications to prevent H.I.V. infection. The insurer also settled a lawsuit brought by an unidentified gay man in Massachusetts who was turned down for long-term-care insurance after acknowledging that he took an H.I.V.-prevention drug called Truvada. Mutual of Omaha became the focus of discrimination complaints after applicants, mostly gay men, said they were denied disability, long-term-care or life insurance solely because they were taking Truvada to protect themselves from H.I.V., a practice called PrEP (short for pre-exposure prophylaxis).


As Supreme Court Shifts Under Trump, Cuomo Vows to Expand Abortion Rights

Governor Andrew M. Cuomo promised to protect women's reproductive rights by expanding New York state's abortion laws within the first 30 days of the new legislative session. "The Republican Senate said, 'You don't need a state law codifying Roe v. Wade. No administration would ever roll back Roe v. Wade,'" Cuomo said at the event at Barnard College, describing why previous efforts had languished for so long. "So help me God, this was the conversation." Cuomo's action is in reaction to the appointment of a conservative majority on the United States Supreme Court, which might imperil women's reproductive rights.


Mayor de Blasio Says Wealth Is 'in the Wrong Hands,' Pledges to Redistribute It

Mayor Bill de Blasio used his sixth State of the City speech to present his tenure in New York City and his promises of things to come as the alternative. Earlier Mr. DeBlasio said that he would embark on a national tour to "preach the gospel" of liberal governance, trumpet his accomplishments in his first five years in office and argue that his new proposals -- such as requiring paid vacation for most private-sector employees -- are a model for the Democratic Party nationally. "{T}here's plenty of money in the world. Plenty of money in this city," the mayor said, flanked by screens with graphs of productivity outpacing compensation. "It's just in the wrong hands!"


Early Voting and Other Changes to Election Laws Are Coming to New York

During last year's midterm elections, New York was the only state in the nation that held separate state and federal primary elections, a division that almost seemed designed to suppress voter turnout. New York also has no early voting, no voting by mail, no same-day voter registration. Now the legislature is in control of both chambers of the State Capitol, and vote reform is on the way. Among the measures is preregistration of 16- and 17-year-olds, and consolidation of state and federal elections.


Texas Republicans Rally Behind Muslim Official as Some Try to Oust Him Over Religion

Republicans in the third-most-populous county in Texas voted overwhelmingly against the removal of one of their party leaders from his post. Shahid Shafi, a surgeon and longtime Republican who was appointed vice chairman of the Tarrant County Republican Party is a Muslim, and the disqualification vote was about whether his faith prohibited him from holding the job. The Republican Party's county chairman applauded the vote supporting Dr. Shafi 139 to 49.


U.S. Steel Companies Face Downturn Despite Trump Claims of Revival

President Trump has announced that he wants to use steel to build the wall along the southern border, using the occasion to praise himself for fulfilling two campaign promises at once: keeping out illegal immigrants and resuscitating a struggling manufacturing industry. In the 10 months since the Trump administration imposed 25% tariffs on steel imports, prices in the United States have now fallen back to levels last seen before the tariffs were announced last March.


Florida Felons Once Denied Rights Begin Registering to Vote

Last week, an amendment to the Florida Constitution restoring the voting rights of former felons went into effect, and nearly 1.5 million former felons became eligible to vote.


With Kim's Visit, China Shows U.S. It Has Leverage on Trade

China's leader, Xi Jinping, met with North Korea's leader, Kim Jong-un, during the second day of talks between midlevel trade negotiators from China and the United States. Though the government said that the events were unconnected, Kim's surprise visit was an unmistakable reminder that China could complicate the Trump administration's pursuit of other goals -- including ridding the North of nuclear weapons -- if the two powers fail to strike a deal on trade.


Turkish President Snubs Bolton Over Comments That Turkey Must Protect Kurds

President Trump's plan to withdraw the United States from Syria fell into further disarray after Turkey's leader rebuffed Trump's emissary, John R. Bolton, and angrily dismissed his demand that Turkey agree to protect America's Kurdish allies. President Recep Tayyip Erdogan said that Bolton had made a "grave mistake" in setting that condition for the pullout of troops. "It is not possible for us to swallow the message Bolton gave from Israel," Erdogan said in Parliament, after refusing to meet with Bolton, the president's national security adviser, during his visit to Turkey.


A South Korean Ex-Chief Justice Faces Case-Rigging Accusations

Prosecutors in South Korea confronted a retired Supreme Court chief justice with accusations that he conspired to delay a case that could upset relations with Japan, interrogating him in a closed-door hearing that is likely to lead to an unprecedented indictment. No former or sitting chief justice in South Korea had ever been summoned as a criminal suspect until Yang Sung-tae, 71, presented himself to address allegations that he had manipulated the case on behalf of the nation's disgraced former president. The scandal involving Yang has drawn intense interest in South Korea, where a mistrust of the judiciary is a longstanding phenomenon. The depth of anti-judiciary sentiment is such that when a quixotic pig farmer angry over a court ruling threw a firebomb at the car of the current chief justice, Kim Myeong-su, the November incident received outsize news and social media coverage. Yang's scandal is also being closely watched by diplomats because of its connection to the growing diplomatic schism between South Korea and Japan, both key American allies.


India Finally Has Plan to Fight Air Pollution. Environmentalists Are Wary.

India has nine of the world's 10 most polluted cities, according to one World Health Organization measure, with choking urban smog that researchers estimate killed 1.24 million people in 2017. This week the government's National Clean Air Program unveiled a five-year plan that environmentalists welcomed as long overdue but criticized as lacking clear mechanisms or robust funding to achieve its aims, which include reducing air pollution in 102 cities by up to 30% from 2017 levels.



Judge Dismisses Part of Ashley Judd's Lawsuit Against Harvey Weinstein

A federal judge dismissed part of Ashley Judd's multipronged lawsuit against Harvey Weinstein, ruling that her allegations of sexual harassment do not fall within the scope of a California statute. The order does not end Judd's case, which is built around other claims, including defamation and unfair business practices. In a suit filed in May, she claimed that her career withered because Weinstein spread lies about her in Hollywood after she rejected his sexual requests.


Investigators Looking Into Accusations From R. Kelly Documentary

Prosecutors in Chicago and Atlanta are seeking information from any potential victims or witnesses after the airing of an investigative documentary about R. Kelly that detailed allegations of more than two decades of sexual and physical abuse by the R&B singer. The district attorney's office in Fulton County, Georgia began conducting interviews after the broadcast of "Surviving R. Kelly," a six-part series that aired on Lifetime, according to the lawyer for a couple who say that the singer is holding their daughter against her will.


Friars Club Director Pleads Guilty to Tax Fraud

The executive director of the Friars Club, a Manhattan institution long known for its celebrity roasts and as a hangout for entertainers like Frank Sinatra and Jack Benny, pleaded guilty on Tuesday to having filed false income tax returns. Peter Gyure pleaded guilty in Federal District Court in Manhattan to one count of filing false returns, and has agreed to pay $156,920 to the Internal Revenue Service. He could face a maximum of three years in prison.


Broadway Actors Pushing for Profit-Sharing in Creation of Shows

Broadway performers and stage managers are demanding a share of the profits from hit shows they help to create, setting off a labor dispute that is threatening to disrupt the high-stakes development of new musicals and plays. Actors' Equity (Equity), the national labor union, and Broadway League, a trade association of producers, are at an impasse in their negotiations, and Equity may hold a limited strike in which its members would be barred from participating in any developmental work with commercial producers.


John Lasseter, Ousted From Pixar in #MeToo Wave, Finds New Hollywood Home

John Lasseter, the Pixar co-founder who was forced to resign from the Walt Disney Company after complaints about unwanted touching in the workplace, has become one of the first men toppled in the #MeToo era to find a new Hollywood perch. David Ellison, a "Mission: Impossible" producer and founder of Skydance Media, a production company affiliated with Paramount Pictures, announced that Lasseter would become Skydance's animation chief. Lasseter will start this month at the company, which Ellison started in 2010 with money inherited from his father, the Oracle billionaire Larry Ellison.


Woodstock Returns Again on the Festival's 50th Anniversary

Michael Lang, one of the producers of the original Woodstock Festival, is at the center of a planned 50th anniversary reunion festival, sponsored by an arm of Japanese advertising giant Dentsu. Lang is hoping to foster social engagement by partnering with activist organizations, and is planning to keep this festival smaller (100,000 attendees), and more relevant, with films and speakers as well as music, on three large stages and three smaller stages in "neighborhoods" with their own services and focus. The festival will be held around the Watkins Glen, New York, racetrack, which has recently been the site of festivals by the jam band Phish.



Must Writers Be Moral? Their Contracts May Require It

Publishers don't like scandals that might threaten the bottom lines of the multinational media conglomerates of which most form a small part. Increasingly, publishers are demanding that authors sign contracts with a "morality clause." Simon & Schuster, HarperCollins, and Penguin Random House have added such clauses to their standard book contracts and others may be debating going the same way. These clauses release a company from the obligation to publish a book if past or future conduct of the author is inconsistent with the author's reputation at the time the agreements are executed, comes to light, and results in sustained, widespread public condemnation of the author that materially diminishes the sales potential of the work.


Prosecutors: Art Dealer Mary Boone Should Go to Prison

Federal prosecutors are recommending that Mary Boone, a veteran art dealer, be sent to prison, saying that she deliberately defrauded the government by filing false tax returns and evading $3 million in taxes. Boone is to be sentenced on January 18th, having pleaded guilty last year to two counts of filing false returns, a charge that carries a maximum three-year prison sentence. Her lawyers had asked the court to spare her prison time because her offenses were the product of depression and anxiety brought on by childhood trauma. Prosecutors argued that Boone had achieved a measure of financial stability and comfort that "most people can only dream about" and should serve 30 to 37 months in prison.


Jury Orders Mongols Biker Club to Forfeit Its Logo, the 'Holy of Holies'

A federal jury in California found that the Mongols motorcycle club must forfeit its rights to the trademarked Genghis Khan-style emblem that identifies the organization. The jury's verdict concluded the second phase of a wide-ranging eight-week racketeering trial in which jurors also branded the Mongols a criminal enterprise. The presiding judge, who in the past has ruled in favor of the Mongols, said he would not immediately order the club to forfeit the logo until he has a chance to review the club's arguments and consider their free speech rights.


Does It Pay to Be a Writer?

A recent study by the Authors Guild, a professional organization for book writers, shows that writing may no longer be a livable profession. According to the survey, median pay for full-time writers was $20,300 in 2017, and that number decreased to $6,080 when part-time writers were considered. The latter figure reflects a 42 percent drop since 2009, when the median was $10,500. These findings are the result of an expansive 2018 study of more than 5,000 published book authors, across genres and including both traditional and self-published writers. "In the 20th century, a good literary writer could earn a middle-class living just writing," said Mary Rasenberger, executive director of the Authors Guild, citing William Faulkner, Ernest Hemingway and John Cheever. Now, most writers need to supplement their income with speaking engagements or teaching. Strictly book-related income -- which is to say royalties and advances -- are also down, almost 30 percent for full-time writers since 2009. Writing for magazines and newspapers was once a solid source of additional income for professional writers, but the decline in freelance journalism and pay has meant less opportunity for authors to write for pay. Many print publications, which offered the highest rate, have folded.


Lin-Manuel Miranda and Friends Purchase Drama Book Shop

Lin-Manuel Miranda a composer, lyricist, actor and author is going to be a bookseller Miranda and three of his "Hamilton" collaborators have purchased the Drama Book Shop, a century-old theater district purveyor of scripts, sheet music, and other stage-related reading material. The move is an effort to sustain the store - a mainstay of New York's theater scene that was was recognized with a Tony honor for excellence -- but has struggled to survive the brutal Times Square real estate market and recently announced that it was being forced to move from its current location. The rescue plan is a joint venture between the "Hamilton" team and the city, which has pledged to find the store an affordable space in Midtown.


Warhol Foundation Overturns 8-Year Smithsonian Funding Ban

The Andy Warhol Foundation for the Visual Arts (Foundation) has announced that it will award $100,000 to the Smithsonian's National Museum of the American Indian -- ending an eight-year-old ban on providing money to the Smithsonian. The ban was instituted in 2010 when the National Portrait Gallery removed David Wojnarowicz's video "A Fire in My Belly" from its exhibition "Hide/Seek: Difference and Desire in American Portraiture" due to political pressure. The Foundation had supported the show and saw the removal of the artwork as an example of "blatant censorship." In addition to licensing Warhol's work and supporting scholarly research, it also provides grants to arts organizations.


Female Composers Are Trying to Break Film's Sound Barrier

Male composers have been hired to score two forthcoming blockbusters about warrior women -- "Wonder Woman 1984," directed and co-written by Patty Jenkins, and "Mulan," directed by Niki Caro from a screenplay by three women. The announcements were simply the latest examples of women being unheard in film music. A 2018 study by the University of Southern California revealed that for the top 100 fictional films at the box office every year from 2007 to 2017, only 16 female composers were hired, compared with more than 1,200 men. Another report from the Center for the Study of Women in Television and Film showed that of the top 250 films at the domestic box office in 2018, 94 percent were scored by men.



National Football League and Union Say Eric Reid's Repeated Drug Tests Were Random

The National Football League (NFL, League) and its players association defended their policy of random drug testing of the League's players on Wednesday, after Carolina Panthers safety Eric Reid suggested that he had been subjected to a curiously high number of them this season. Reid, who joined the Panthers in Week 4, noted in December that he had been selected for a drug test for the seventh time in 11 weeks this season. In a joint statement, the NFL and players union said that the accusation that Reid had been subjected to an inordinate number of tests deliberately had been investigated by the administrator of the drug policy, and "that Mr. Reid's tests were randomly generated via computer algorithm and that his selection for testing was normal."


Netherlands May Have Given Nike Illegal Tax Breaks, EU Says

European authorities are investigating whether the Dutch government illegally allowed sportswear giant Nike to avoid paying taxes on profits from sales in the region, potentially exposing the company to huge penalties similar to those imposed on Apple and Amazon. The inquiry is part of a broader European Commission crackdown on countries like Ireland, Luxembourg, and the Netherlands over accusations that they gave questionable tax breaks to multinational companies, many of them based in the United States, as a way of attracting corporate headquarters and white-collar jobs. Prior investigations fined Apple $16.5 billion to be paid to Ireland and made Amazon pay €283 million to Luxembourg. Starbucks paid €25.7 million to the Netherlands in 2015, and an investigation into Ikea is underway.


Cristiano Ronaldo's DNA Sought by Las Vegas Police in Rape Investigation

Nevada law enforcement officials investigating a sexual assault accusation against the soccer star Cristiano Ronaldo have requested a sample of the player's DNA from the Italian authorities. Ronaldo, a Portuguese wing and five-time world player of the year, plays in Italy for Juventus. Investigators are seeking the DNA sample as part of a recently reopened investigation into accusations by an American woman, Kathryn Mayorga, who said that Ronaldo raped her in a Las Vegas hotel room in 2009 and later paid her $375,000 for her silence.


In Alabama, a Girl's High School Hoop Dreams Are Restored

An Alabama girl's banishment from high school basketball came to an end on Friday morning when a circuit court judge ruled that she could return to competition pending a hearing. The judge will decide whether Maori Davenport deserved to be ruled ineligible for accepting a mistaken payment from the sport's national governing body for playing on a junior national team last summer.


Japan's Olympics Chief Faces Corruption Charges in France

The president of Japan's Olympic Committee, a former Olympian who is also the Chairman of the International Olympic Committee's marketing commission, has been indicted on corruption charges in France after an investigation into the bidding process that led to Tokyo's being awarded the Summer Games it is preparing to host next year. In a statement, Tsunekazu Takeda acknowledged that he had been questioned by the French authorities, but denied their accusations. The news is yet another blow to the credibility of the Olympic movement, which has been battered by a number of corruption cases linked to previous Olympic bids and the ongoing repercussions of a widespread Russian doping operation at the 2014 Winter Olympics.


Enes Kanter to Skip Knicks' Trip to London, Citing Fear of Turkish Retaliation

Knicks center Enes Kanter said that he would not travel with the team to play the Washington Wizards in London on January 17th because he feared retaliation for his public opposition to President Recep Tayyip Erdogan of Turkey. Kanter, who is Turkish, has been an outspoken critic of the president for years, and said that Turkish operatives could present a danger to him in London. An official at the Turkish Embassy in Washington, speaking on condition of anonymity to abide by diplomatic protocol, dismissed Kanter's comments as baseless.



Legal Battle Between Sumner Redstone and Former Girlfriend Is Settled

Sumner M. Redstone, the aging media mogul, has settled a long-running legal battle with his former girlfriend Manuela Herzer, capping a dispute that challenged Redstone's mental capacity and sowed doubt over the future of his empire. The settlement includes Redstone's daughter, Shari E. Redstone, who has taken a leadership role in Viacom and CBS. The Redstones control both companies through their private theater chain, National Amusements. As part of the agreement, Herzer will pay back $3.25 million for the lavish gifts and monetary rewards Redstone had given her over the years.


The Exclusive That Wasn't? Publication Retracts Moonves Interview

A week before Christmas, Leslie Moonves, just been fired as the chief executive of CBS after multiple accusations of sexual misconduct, appeared to give an exclusive, on-the-record interview to a little-known publication in which he bluntly addressed his dismissal. Agenda, a news service owned by The Financial Times, quoted Moonves as saying: "How quickly the board forgets the job I did for CBS. They were a rudderless ship when I went there, when I took over." Moonves had shunned all interview requests since the publication of an article in The New Yorker last summer that included detailed, on-the-record accounts from women saying that he had assaulted them. For much of 2018, reporters at major outlets had aggressively sought to interview Moonves, with little success. The idea that Agenda, a niche outlet with 6,000 subscribers focused on corporate governance issues, had scored his first on-record comments since his firing struck many observers as implausible.


'She Literally Never Stops.' CBS News, in Need of Fixing, Turns to Susan Zirinsky

Susan Zirinsky is a legend in the world of television news. The stories about her exploits in the world of television news are legendary. She was the inspiration for Holly Hunter's high-strung and highly ethical producer in the Oscar-nominated movie "Broadcast News". Dan Rather once said that she was such a part of the network's firmament that she arrived in a yellow CBS shipping bag straight from the maternity ward. After more than four decades at CBS, Zirinsky has been named the first woman to lead CBS News, replacing David Rhodes as the division's president in the coming weeks. She will be leading a group that has been rocked by a string of executive changes and unsavory revelations about the broader corporate culture at CBS: Charlie Rose was fired from his roles at "CBS This Morning" and "60 Minutes" after being accused of sexual misconduct last year.


It's Final: Megyn Kelly and NBC Part Ways and She Will Be Paid in Full

After a drawn-out negotiation, NBC and former cable news start Megyn Kelly have formally agreed to part ways. The parties reached a final agreement nearly three months after Kelly wondered aloud on-air why it was inappropriate for white people to dress up in blackface for Halloween. NBC and a representative for Kelly declined to reveal the details of the exit package. At the time of the separation, Kelly was in the middle of a three-year, $69 million contract with the network.


He Disparaged the Police on Facebook. So They Arrested Him.

Robert Frese commented last year on a newspaper's Facebook page that a New Hampshire police officer who had given him a traffic citation was "a dirty cop." He also said the police chief was a coward who had covered up the matter. The police then arrested arrested Frese, saying he had committed criminal libel. About half of U.S. states have laws making libel a crime, and prosecutions are not uncommon. About 25 people were charged with violating New Hampshire's law from 2009 to 2017, according to a lawsuit filed last month on behalf of Frese by the American Civil Liberties Union. Nationwide, according to a preliminary count by Eugene Volokh, a law professor at the University of California, Los Angeles, "it appears that they happen about 20 times per year, and often lead to convictions."


The Latest Smear Against Ocasio-Cortez: A Fake Nude Photo

Representative Alexandria Ocasio-Cortez, a Democrat from New York whose outspokenness and progressive views have made her a target of conservatives, lashed out at the right-wing news site The Daily Caller after it posted an article on Monday showing a photo that had been falsely described as a nude selfie of the congresswoman with an emphasis on her feet. It was fake foot news. The photo that had been making the rounds showed a different woman's bare shins and feet.


Democrats Faked Online Push to Outlaw Alcohol in Alabama Race

The "Dry Alabama" Facebook page proclaimed alcohol to be the work of the devil, and urged the state to ban alcohol throughout the state. The Facebook page and a companion Twitter feed appeared to be the work of Baptist teetotaler supporters of the Republican, Roy S. Moore, a candidate in the 2017 Alabama Senate race. They were actually secretly created by progressive Democrats working to defeat Moore.


Twitter Users in China Face Detention and Threats in New Beijing Crackdown

One man spent 15 days in a detention center. The police threatened another's family. A third was chained to a chair for eight hours of interrogation. Their offense: posting on Twitter. The Chinese police, in a sharp escalation of the country's online censorship efforts, are questioning and detaining a growing number of Twitter users even though the social media platform is blocked in China and the vast majority of people in the country cannot see it. The crackdown is the latest front in President Xi Jinping's campaign to suppress internet activity. Wang Aizhong, a human-rights activist, said the police had told him to delete messages criticizing the Chinese government. In effect, the authorities are extending their control over Chinese citizens' online lives, even if what they post is unlikely to be seen in the country.


Netflix's Bow to Saudi Censors Comes at a Cost to Free Speech

Under Article 6, Paragraph 1 of Saudi Arabia's Anti-Cyber Crime Law, Production, preparation, transmission, or storage of material impinging on public order, religious values, public morals, and privacy, through the information network or computers is punishable by up to five years in prison. Recently, the Kingdom had alerted Netflix that it had violated this statute with an episode of its comedy show "Patriot Act", starring Hasan Minhaj, a comedian and American Muslim, when Minhaj questioned Crown Prince Mohammed bin Salman for the CIA's conclusion that he ordered the murder of the Saudi dissident Jamal Khashoggi and for Saudi war atrocities in Yemen. The shock came with Netflix's compliance. After pulling the episode from its Saudi feed, the streaming service told The Financial Times that it was simply responding to "a valid legal request."


China Targets Prominent Uighur Intellectuals to Erase an Ethnic Identity

As a writer and magazine editor, Qurban Mamut promoted the culture and history of his people, the Uighurs, and that of other Turkic minority groups who live in far western China. He did so within the strict confines of censorship imposed by the Chinese authorities, who are ever wary of ethnic separatism and Islamic extremism among the predominantly Muslim peoples of the region. Then last year, the red line moved. Suddenly, Mamut and more than a hundred other Uighur intellectuals who had successfully navigated the worlds of academia, art and journalism became the latest targets of a sweeping crackdown in the region of Xinjiang that has ensnared as many as one million Muslims in indoctrination camps.


January 22, 2019

Week In Review

By Chantelle A. Gyamfi
Edited by Elissa D. Hecker


Attorney General Nominee Vows to Not Interfere With Mueller's Russia Investigation

Attorney General nominee, William P. Barr, vowed to let special counsel, Robert S. Mueller III, complete the Russia investigation. Barr said that he is determined to resist any pressure from Trump to use law enforcement for political purposes. He has also pledged that he would refuse any order from Trump to fire Mueller without good cause.


Trump's "Mystery" Meetings with Putin

While Trump insists that there was "no collusion" with Russia during his 2016 presidential campaign, Trump and Putin have met five times since the former has taken office. However, in all five of the mystery meetings, little information emerged about what they discussed, even to many other American government officials. Many veterans of past administrations could not recall a precedent for a president meeting alone with an adversary and keeping so many of his own advisers from being briefed on what was said. When they meet with foreign leaders, presidents typically want at least one aide in the room -- not just an interpreter -- to avoid misunderstandings later.


Representative Steve King Stripped of His Seats on House Judiciary and Agriculture Committees

Iowa Representative Steve King was removed from the Judiciary and Agriculture Committees in the Republicans' bid to appear tough on racism and contain damage from comments King made to The New York Times questioning why white supremacy is considered offensive. Representative Kevin McCarthy of California, the minority leader, said that the Republicans are not removing King from the G.O.P. House conference itself, so he can still attend party meetings, but it's up to Iowans whether or not King should stay in office. King remained defiant after losing his committee seats, releasing a statement saying that he had been referring only to "western civilization" when he asked "how did that language become offensive," not "white nationalist" or "white supremacist."


Giuliani Backtracks on Statements Implying Collusion by Trump Aides

President Trump's personal lawyer Rudolph W. Giuliani backtracked from an assertion he had made that left open the possibility that Trump campaign aides might have coordinated with Russia in its election interference in 2016. Giuliani was seeking to clarify an interview in which he stopped short of defending Trump campaign aides, drawing speculation that he might have inside knowledge of possible coordination with Russia. "I have no knowledge of collusion involving the campaign, nor does the president," Giuliani told The New York Times, "However, I only represent the president, and that's all I can speak for."


Pelosi Suggests No State of The Union Address in Light of Government Shutdown

Speaker Nancy Pelosi has asked President Trump to either delay or cancel the upcoming State of the Union Address in light of the ongoing partial government shutdown. Pelosi cited security concerns as part of her reason for her proposal; she wrote "Sadly, given the security concerns and unless government reopens this week, I suggest that we work together to determine another suitable date after government has reopened for this address or for you to consider delivering your State of the Union address in writing to the Congress on Jan. 29." The letter has support from several other Republican senators, however, neither the White House nor the Secret Service, the lead agency coordinating security for the State of the Union address, had an immediate comment on Pelosi's letter suggesting that the shutdown push off the speech. However, Kirstjen Nielsen, the secretary of homeland security, said in a tweet that her department and the Secret Service were "fully prepared to support and secure the State of the Union."


Trump and Pelosi Go "Tit for Tat" Over Pelosi's State of The Union Suggestion

The day after House speaker Nancy Pelosi had suggested that the president either cancel or delay his State of the Union address this month, citing security concerns amid a prolonged partial shutdown that has forced thousands of federal employees to work without pay, Trump responded by cancelling Pelosi's trip to visit to American troops in Afghanistan. Trump wrote: "In light of the 800,000 great American workers not receiving pay, I am sure you would agree that postponing this public relations event is totally appropriate," and that "Obviously" Pelosi had the option to fly commercial for the trip. Although a White House spokesman said that all coming official visits by lawmakers, known as congressional delegations or "codels," would be canceled until the shutdown is over, Melania Trump, the first lady, kept her plans to fly on a military jet to West Palm Beach, Fla., to go to the family's Mar-a-Lago compound.


Trump to Make "Huge Announcement" re. The Shutdown

Trump is expected to make a "huge announcement" after House Democrats added more than $1 billion in border-related spending to a package of funding bills that would reopen most of the government. The proposal to include more spending on border measures is scheduled for a vote this week, according to two senior Democratic officials. About half the money, $524 million, would be for additional infrastructure at ports of entry on the border and the other $563 million more would be inserted to fund 75 immigration judges, who adjudicate the claims of migrants who make asylum claims at the border. Democrats are also considering a new funding bill for the department, which has $1.3 billion allocated for border security. The proposal would include additional border protection measures they have endorsed, such as more personnel and scanning technology to intercept illicit drugs.


More Than 3,000 Immigrant Children Were Separated from Families Under "Zero Tolerance" Policy

The federal government reported that nearly 3,000 children were forcibly separated from their parents under last year's "zero tolerance" immigration policy, under which nearly all adults entering the country illegally were prosecuted, and any children accompanying them were put into shelters or foster care. As of December, the department had identified 2,737 children who were separated from their parents under the policy and required to be reunified by a federal court order issued in June 2018. However, that number may not fully represent the scope of the separations, as more may have been separated during an influx that began in 2017, before the accounting required by the court. Thus, the total number of children separated from a parent or guardian by immigration authorities is "unknown," because of the lack of a coordinated formal tracking system between the Office of Refugee Resettlement, the arm of Health and Human Services that takes in the children, and the Department of Homeland Security, which separated them from their parents.


Judge Blocks Citizen Question From 2020 Census

Judge Jesse M. Furman of the United States District Court in Manhattan has blocked the Commerce Department from adding a question about American citizenship to the 2020 census. Despite testimony to the contrary, internal documents showed that Justice Department officials had not initiated a request for a citizenship question, and in fact had rejected an initial plea from the Commerce Department to do so in the summer of 2017. The 14th Amendment requires the House to be apportioned based on "the whole number of persons in each state," and the Supreme Court has long ruled that the "whole number" includes noncitizens. The Census Bureau itself had recommended against adding a citizenship question, estimating in an analysis last January that at least 630,000 households would refuse to fill out the 2020 questionnaire if such a question were included.


New York Seeks to Overhaul Its Voting System

After years of lagging behind other states, New York seeks to overhaul its system of voting and elections, by passing several bills that will include, among others, allowing for early voting and pre-registration of minors, which will place the state among the most liberal.


Laquan McDonald Cases Set an Important Precedent, but Chicago Activists Still Call for Political Action

Former Chicago Police Officer Jason Van Dyke became the city's first patrolman in almost 50 years to be convicted of murder when he was sentenced to just shy of seven years in an Illinois prison for second-degree murder and 16 counts of aggravated battery with a firearm, one for every bullet he fired when killing Laquan McDonald in October 2014. The killing, captured on a dashboard camera, made McDonald a national symbol of police brutality, after Van Dyke, a white police officer, opened fire on him on a stretch of road outside a Burger King. Van Dyke's sentencing comes only one day after the acquittals of three fellow police officers who were accused of attempting to cover up the crime.




Minorities Make Progress on Boards of Big U.S. Firms - but Not Much

The Alliance for Board Diversity, which advocates for broader demographic inclusion in boardrooms, and the professional services firm Deloitte, shows that women and minorities occupied 38.6% of board seats at Fortune 100 companies last year, compared with 35.9% in 2016. At Fortune 500 companies, the figure rose to 34% in 2018 from 30.8% in 2016. Still, the gains fell short of the alliance's target.


Britain is Paralyzed Over Brexit

The British Parliament's long-anticipated vote on a plan to withdraw from the European Union -- also known as Brexit -- came to its expected conclusion when lawmakers weighed in on a deal proposed by Prime Minister Theresa May. May's Brexit deal was rejected by a vote of 432 to 202. Following the vote, European Commission leaders issued a response stating, "We regret the outcome of the vote, and urge the U.K. government to clarify its intentions with respect to its next steps as soon as possible", noting that May's is the only deal on the table right now. Even still, the leader of the main opposition Labour Party, Jeremy Corbyn, refused to join discussions until May ruled out the option of Britain leaving the bloc without any agreement, something that analysts fear would lead to significant economic damage.



Germany to "Formally Observe" Far-Right Party

Germany's domestic intelligence agency announced that it would formally observe the far-right Alternative for Germany party. The warning was issued by the Federal Office for the Protection of the Constitution, an agency whose founding mission when it was established after World War II was to protect against the rise of political forces -- primarily another Nazi party -- that could once again threaten Germany's democracy.


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


#MUTERKELLY Movement May Face Some Challenges

After the shocking six-part documentary series "Surviving R. Kelly" aired on Lifetime, prosecutors in Illinois and Georgia are gathering information on R&B star R. Kelly, and urging potential victims/witnesses to come forward in connection to a plethora of accusations of sexual abuse. Even still, a case against Kelly may be difficult, as it generally takes people many years to come forward, by which time memories have faded and records have vanished. Kelly has been the subject of similar accusations for the past two decades, but he has never been convicted of a crime, and his career continued to thrive in the midst of the allegations against him.


R. Kelly Dropped by Label - What Does That Mean for His Music?

R. Kelly is now the music industry's highest-profile casualty of the #MeToo era, as he has been dropped from his label, RCA, after the documentary series, "Surviving R. Kelly", drew wide attention for its visceral testimonials by women who said that as underage girls they had been lured into sexual relationships with him, and were abused by him mentally and physically. Terms of Kelly's exit deal -- including what, if anything, RCA paid him to terminate the contract -- were not disclosed, however, and what will become of his career is unclear. Kelly's music remains available on streaming services, and his valuable back catalog -- with hits like "I Believe I Can Fly" and "Ignition (Remix)" -- will remain the property of RCA. Kelly was also quietly dropped last year by the Universal Music Publishing Group, yet that company still controls the songwriting rights for his past songs. Kelly will most likely earn royalties off his past hits for years.



Text Messages Raise New Questions About Robert Indiana's Final Works

Private text messages entered as evidence in a legal dispute raise new questions about whether Robert Indiana fully designed his final works, as two of his close associates were brainstorming just what sort of art might be sold under the Indiana brand during his last years. To what extent Indiana participated in these discussions, if at all, is now part of a continuing dispute in federal court in Manhattan, where the company that has the rights to create and sell works based off the LOVE design has sued the two men. The company, Morgan Art Foundation, a for-profit entity, has accused the pair of taking advantage of Indiana's advanced age and isolation on a remote island off the coast of Maine to produce a bunch of inauthentic works that they sold under Indiana's name. While the use of assistants in the creative process is not new to the art world, the text messages suggest that Indiana may not have been fully aware of the art being designed under his name.


American Alliance of Museums Announces Multimillion-Dollar Diversity Initiative

The American Alliance of Museums has announced a multimillion-dollar initiative to diversify museum leadership across the country. The project, called "Facing Change: Advancing Museum Board Diversity & Inclusion," will be supported by grants from the Andrew W. Mellon Foundation, the Alice L. Walton Foundation, and the Ford Foundation. The project comes after a recent survey by the alliance found that nearly half of all museum boards in the United States are all white, despite the fact that the majority of museum directors believe that diverse and inclusive institutions connect better with the general public. "To make real and lasting change, work needs to be done at the top where the tone and priorities for each museum are established," Laura Lott, the president and chief executive of the Alliance, said in a statement. "Museum trustees and leaders can and must do more."


Catholic Residents Outraged by "Devil" Statue as Tourist Attraction

The Devil (in the form of a five-foot bronze statue created by a local artist, José Antonio Abella) was set to come to the city of Segovia, Spain after the local council commissioned the statue, inspired by a local legend, to lure tourists to a less-popular part of Segovia's Old Town, a Unesco heritage site. Abella gave his statue the requisite two horns and made him explicitly nude. He also made the Satan statue relatively paunchy and wearing a benign smile while taking a selfie with a bronze mobile phone. The statue was to be placed on a wall above the Old Town, as a symbol of the marriage of modern culture and an ancient myth. However, many Catholic residents were outraged, objected to those plans and began a legal challenge to run Satan out of town, saying that a friendly Devil amounted to "glorifying evil" and would be deeply offensive to Catholics.



Turkey Seeking to Arrest Knicks' Center in Connection With Terrorist Group

Turkish prosecutors are seeking an international arrest warrant for Knicks center Enes Kanter, accusing him of participation in a terrorist organization. prosecutors are seeking an Interpol "red notice", citing Kanter's ties to Fethullah Gulen, an exiled Muslim cleric who is blamed by the Turkish government for a failed coup in the country in 2016. The prosecutors also accused Kanter of providing financial support to the so-called Gulen movement. Kante responded on Twitter, saying that the Turkish government could not present "any single piece of evidence of my wrongdoing." In subsequent tweets, he said, "I don't even have a parking ticket in the U.S.," and he posted an image of himself dunking and wrote, "The only thing I terrorize is the rim."


World Anti-Doping Association to Consider Recommendations on Russia

The World Anti-Doping Association's (WADA) compliance review committee will meet in Montreal to discuss Russia's anti-doping laboratories, and what to do about the country missing a key end-of-year deadline. Russia's drug-testing agency had been banned since 2015, after a state-sponsored doping scheme was uncovered, but in September, about four years after Russia's corruption of the drug-testing process first came to light, WADA's executive committee voted 9 to 2 to allow Russia to resume testing its own athletes for performance-enhancing drugs, even though it had not fulfilled every requirement of a compliance agreement.


Russia is Still Not in Compliance With Key Requirements Of A Compliance Agreement

Back in September, when WADA's executive committee voted to reinstate Russia's corrupted anti-doping laboratories, its own athletes committee warned of what might come. Two weeks into the new year, the athletes' concerns look prescient, as Russia has yet to turn over the data it said it would.



News Business Veterans Fighting "Fake News"

A small start-up, NewsGuard, led by Steven Brill, an author and the founder of the magazine The American Lawyer, and Gordon Crovitz, a former publisher of The Wall Street Journal, has created the equivalent of nutrition labels for news organizations, rating more than 2,000 news and information sites with tags: red for unreliable, green for trustworthy. The service, free to readers, offers a browser extension that shows a news operation's rating when a reader lands on its site. The start-up hopes to become a regular part of the reading experience on the web. Its premise is that it is more efficient to rate news organizations than the endless stream of articles rolled out each hour.


#10YearChallennge May Not Be All Fun and Games

The #10YearChallenge, which gained widespread traction on social media this month, calls for posting two photos of yourself side by side -- one from today and one from a decade ago -- to show how you've changed. However, one post went viral without featuring any side-by-side photos at all. It was written by Kate O'Neill, the author of the book "Tech Humanist: How You Can Make Technology Better for Business and Better for Humans." O'Neill tweeted "Me 10 years ago: probably would have played along with the profile picture aging meme going around on Facebook and Instagram," "Me now: ponders how all this data could be mined to train facial recognition algorithms on age progression and age recognition." The post hit a nerve as people began to wonder if the challenge was really all fun and games or actually aiding law enforcement.



Entertainment, Arts and Sports Law Section Annual Meeting Recap and More

By Barry Skidelsky, Esq.


The Entertainment, Arts and Sports Law (EASL) Section's 2019 Annual Meeting was held on Tuesday, January 15th, as part of he New York State Bar Association's (NYSBA) Annual Meeting week. In my view, there were four components to our Section's day -- all but the last of which took place at the Hilton hotel in midtown Manhattan. Below is a brief summary of the day and more.

Member Engagement, Committees, and More

First, several EASL committee co-chairs organized and held meetings with some of their members, in part to plan the year ahead consistent with our new membership engagement initiatives. Key among those initiatives are recently adopted Guidelines to encourage more active engagement by EASL members, and to provide enhanced value on both professional and personal levels.

Inter alia, the Guidelines suggest ways to recruit and retain members of our Section, to foster engagement and more active participation by committee co-chairs and members, to encourage law students and younger attorneys to become more involved in committees and other EASL activities, and to enable a succession plan for future Section and NYSBA leaders.

Budgets and goals were set for each EASL committee to hold four meetings, programs or events per year (e.g., CLE programs, breakfast or brown bag lunch meetings, telephone conference calls, social or networking events, etc.), with limits imposed for each committee chair to serve no more than three consecutive years (and thus provide additional opportunities for other EASL members).

Of course, establishing, leading or joining one of our committees (a list of which is available at www.nysba.org/easl) are not the only ways for EASL members to become more actively engaged and to promote our mutual interests.

For example, each EASL member is always encouraged to write for the EASL Blog or Journal, to help organize and participate in Section and committee CLE programs, in pro bono clinics, and in social or networking events (such as theatricals shows, musical concerts, dance performances, and sporting events), as well as to help on an ongoing basis to recruit new EASL members. Did you know that NYSBA offers you a chance to win an I-Pad if you recruit just 5 new members?

Maybe your law firm can offer EASL meeting space for one of our events. Maybe you know of a relevant lawyer or business job opening. Maybe you or your law firm could use some project help work by another EASL member. Maybe you could think of some other way to get more involved, or how NYSBA and/or EASL could create added value for all members.

As EASL Chair, I urge you to contact me directly about any of the foregoing or any other ideas that you might have. I have strong beliefs that we are here to help each other, and (at the risk of sounding like a child of the '60s) to help make the world a better place.

Executive Committee

I know from my own personal experience that those beliefs are shared by colleagues on the EASL Executive Committee (EC), one of the most collegial and collaborative groups with whom I have ever had the pleasure to work. Really.

The EASL EC also had its own separate meeting at the Hilton, immediately following the Section committee meetings described above, just before our general Section meeting and CLE program. We focused on membership recruitment, retention, engagement, benefits, and more -- including the need for EASL and NYSBA to better encourage other lawyers, particularly young lawyers and law students, to become more involved and to pursue NYSBA leadership roles. EASL welcomes all comers.

General Section Meeting, Phil Cowan Memorial Scholarships, and CLE Program

The third component of the day consisted of the EASL Annual Meeting of Section members. No elections were held this year, as our Section's officers (myself included) have just now reached the half-way point of their respective two year terms.

After I made some welcoming remarks, Scott Connolly and John Mixon (both law students at Saint John's Law School) were each awarded $2,500 scholarships for their respective articles submitted as part of the BMI sponsored EASL/Phil Cowan Memorial Scholarship annual writing competition (Phil Cowan was a former EASL Chair). Copies of both articles will be published in the Spring issue of the EASL Journal, which I trust you will read and enjoy.

EASL's annual CLE program then followed the awards presentations. The first two panels, which were organized by Judy Bass (with special thanks to Anne Atkinson and Carol Steinberg), addressed underlying rights in both transactional and litigation contexts. The third and final panel, organized by Ron Minkoff, focused on legal ethics for entertainment and other lawyers.

A complete list of panelists may be found in the program Agenda at www.nysba.org/easl. My thanks also go out to all of the foregoing and others who contributed to what was widely reported afterwards as an excellent program (e.g., "one of the best ever" came up in comments more than once). A transcript of all three panels will also be published in the Spring issue of the EASL Journal, as another member benefit for those unable to attend in person.

Networking Reception

Immediately following the conclusion of our CLE program, about 100 or so of us migrated over to Bill's Burger Bar in nearby Rockefeller Center for a fun networking cocktail reception (an open bar with premium liquor and tasty food) jointly sponsored by NYSBA's Intellectual Property (IP) Section.

Side note: the EASL and IP sections of NYSBA also collaborate from time to time on pro bono clinics, such as the next one scheduled for February 23rd at Hunter College (for more info re pro bono, email Elissa Hecker @ eheckersesq@eheckeresq.com). EASL is always eager to cross-pollinate with additional NYSBA sections, law schools, and other organizations on CLE programs, pro bono clinics, and other events.


Lastly, I would like to also thank those of you who are members of EASL. Again, I ask that you please take action on the suggestions above for a growing and more engaged section membership, including by contacting me directly to become more actively involved. If you are not yet a member and would like to join, please do.

As always, I can be reached by email at bskidelsky@mindspring.com or by telephone at (212) 832-4800. I hope to talk with or see you soon.


Barry Skidelsky
EASL Section Chair

January 28, 2019

Week In Review

By Lisa Ornest
Edited by Elissa D. Hecker

General News

Temporary End of Shut-Down

The New York Times calls it a "Stinging Defeat for the President." Yay Nancy. But don't crack the champagne just yet. Or at least not for this. Let's see what happens in three weeks.


Roger Stone Arrested

Roger Stone's arrest means that the FBI thinks that Stone is the connection between the Trump campaign and WikiLeaks. There's a nice graphic showing the flow of info, including photos of Steve Bannon and the two Donalds. Sarah Sanders got on the horn to assure the press corps (and the American public) that the charges have nothing to do with the president. Fun facts: Roger Stone has a tattoo of Nixon on his back and apparently the indictment makes reference to Godfather II.




Let Them Eat Cake

How Trump's wealthy cronies, many of whom are actually in the government, or if they're not, have his ear anyway, don't really get what life is like for working people. Or care.


Marie Antoinette's Pearls

Speaking of cake, with the buyer's premium and other fees, these sold for approximately $36 million. The necklace was bought by Eugenie Niarchos, granddaughter of Greek billionaire shipowner Stavros Niarchos.


Goodbye Polar Bears

Goodbye penguins. Goodbye puffins. Et al. Goodbye beautiful world.




Never mind being targeted by advertisers, 16 states have given the FBI access to drivers' license photos, and local law enforcement also uses facial recognition software to fish for crime suspects. Not too far in the future everyone will be in the database, despite the fact that the techoology is "significantly less accurate" with regards to women and people of color.



Let Them Write Code!

Mark Zuckerberg plans to unite Whatsapp, Messenger, and Instagram in a way that will, ostensibly, keep them separate on top but unite them underneath. It will likely allow advertisers to cull even more demographic and personal information from users who think that ordering the cashier to "hold the pickles, hold the lettuce" is a true exercise of democratic principles and free will. Zuckerberg says that it's to help customers, but the point is really to generate more revenue through Facebook Marketplace, which is used in Asia, but only through WhatsApp.


Who Posted the Video?

This is about the viral video of those Kentucky Catholic school kids with MAGA hats who taunted Nathan Phillips, a Native American of the Omaha Tribe, and other participants in the Indigenous People's March at the Lincoln Memorial. However, it may have started prior to that, between those same white kids and a group of African American kids. Congress wants to know who posted the video and is trying to get Twitter to tell them. It may have been originally posted by someone with an alias.



NY Gender Expression Non-Discrimination Act Signed into Law

Governor Cuomo signed into law the Gender Expression Non-Discrimination Act, which adds gender identity and expression as protected classes to New York's human rights and hate crimes laws. The Act finally passed after being stalled for years by the Republican-controlled upper house.



Amanda Knox Entitled to Damages

After granting her the right to sue in 2016, the European Court of Human Rights has ruled that Italy owes Amanda Knox money damages for abusive interrogation and trial practices. She and her boyfriend were found guilty, then acquitted, then the convictions were re-instated, then they were acquitted again.


This Year's Girls

The Chinese scientist who claims to have edited the genes of twin baby girls was arrested.



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


Bryan Singer to Remain as Director Despite Allegations

Bryan Singer is going to remain as director of the film "Red Sonja", despite an Atlantic investigation into allegations that Singer had sex with underage boys, possibly on the set. As a result of the allegations, however, GLAAD, the gay rights advocacy group, is removing that film as a candidate for its Media Awards. The group said that it was wrong of Singer to cast the allegations as mere homophobia.


Sorkin Supersedes Sergel

Atticus LLC, the company formed by Scott Rudin to stage the Aaron Sorkin production of "To Kill a Mockingbird" on Broadway, has pulled rank on a pending British production, claiming worldwide rights and the intention to bring the production to the UK. The British production was to be based on the adaptation by Christopher Sergel, which has been performed regularly in the UK since 1991.


Equity Strike Regarding Development

Actor's Equity has called a strike against members of the Broadway League - the producers' trade organization - on new Broadway show development. The strike prevents performers from taking part in labs, workshops, and staged readings, all of which are integral to the development process of shows, particularly musicals. Equity is looking for a new contract that includes some profit-sharing for the actors. It's not clear yet what the formula should be. "To Kill a Mockingbird" is probably not a musical.



Weinstein Loses Motion to Dismiss, Wants the Other Side's Lawyer(s)

Apparently Weinstein threw a fit when Branfman's motion to dismiss was denied. So the court ruled that he can hire new lawyers, even though two of the new ones represented Rose McGowan previously and that might be a conflict of interest.


Chris Brown Brings Suit in Paris

"Slanderous denunciation" suit in Paris by Chris Brown, who seems to get into quite a bit of trouble.


Thirteen Reasons Author Fights Back

One teen's book author is fighting back after being exiled from his professional life and turned into a pariah, essentially, as the result of accusations of "sexual misconduct" that were not proven or even, he claims, investigated.


Attorney Howard Begle Dies

In other news, Howell Begle passed away on December 30th, from injuries related to a skiing accident. He was a Washington big-law partner specializing in newspaper acquisitions, but he took time out from his busy schedule to help recoup (or coup) royalties for R&B artists like Ruth Brown, Little Richard, Big Joe Turner, and Sam and Dave, among others. It was his efforts that encouraged Ahmut Ertugun and Atlantic Records to join with Ruth Brown and others to create the Rhythm and Blues Foundation, which provides financial and medical assistance to 1940s through 1970s R&B and Motown artists whose contracts, when they had them, were not slanted toward helping the artist.



Attorney Edward Morrison Dies

This obit marks the passing of Edward Morrison, Esq. (Columbia Law), a former deputy mayor to John Lindsay, and an advisor and friend to John and Yoko. He was born the same year as my dad, so maybe they knew each other at Brooklyn College, or in Berlin during the Korea War.



Less Than Minimum Wage for Writers

he median (not average) income for writers was $6,080 in 2017, down 42% from 2009. The survey results stated that "full-time mid-list and literary writers are on the verge of extinction, and only a little more than half derive 100% of their income from writing." Of course the results are skewed toward people who have the time and inclination to respond to the survey, which was incentivized with the chance to win one of a hundred Visa $50 gift cards. The survey was only of 5,067 published book authors, and who knows who actually participated. Probably not Stephen King.



Repatriation of African Art

A nice discussion of many of the issues of cultural repatriation of artworks, what it means for these particular works to be returned, how the meaning of the works themselves will change, the general idea that artworks need to circulate, and really the whole question of what is the best answer.


Jazz and Gender Justice

This is an excellent article about the little-discussed problem of gender inequality in the jazz world. The drummer, producer, and multiple Grammy-winner Terri Lyne Carrington, Artistic Director at the Berklee College of Music, recently founded the Jazz and Gender Justice Institute at the school. Carrington asks the very musical question, "Why is [jazz] so ass-backwards when it comes to gender?" The Downbeat website is a pay wall, but you can access the article at the author's website.




Figure Skater Commits Suicide

Figure skater John Coughlin, a two-time pairs champion from Kansas City, took his own life after being suspended by the U.S. Center for SafeSport as the result of sexual misconduct allegations. Coughlin said that SafeSport prohibited him from speaking out against the allegations while the case was pending. So instead, he killed himself.


No Sanctions for Russia re Doping Non-Compliance

The World Anti Doping Agency decided not to fine Russia for missing its deadline (the end of 2018) regarding access to a Moscow laboratory that may have tampered with doping samples. WADA actually went to Russia but was then denied access on what sounds like a pretext. Still, no sanctions.


"Soccer Hacker" Hiding Out in Hungary

The "soccer hacker" Rui Pinto was arrested in Budapest. He faces extradition to Brazil on charges of attempted extortion regarding his blabbing about a "secretive" "investment fund" (Doyen Sports) whose "business" was to bet millions on player transfers. It's Doyen's suit, but it's not clear that Doyen has nothing to hide. Pinto is trying to avoid extradition based on a 2014 Hungarian whistle-blower protection statute.


The Plight of High-Income Athletes

This interview with Matthew Notowidigdo, an associate professor of economics at Northwestern University, considers how a 70% taxation rate beginning at the $10 million annual earnings mark could affect high earning athletes. One way to deal with it might be deferred income, but how would that affect free agency? The particular problem in the National Basketball Association is that there is a Canadian team, and there is some discussion of how this might create a trading advantage for the Canadian players.



China Blocks Bing

China has apparently been successful in blocking the "Bing" Microsoft search engine.


The U.S. is Arresting Journalists

Marzieh Hashemi, 59, American born but based in Tehran, was arrested without charge on a material witness warrant, something about Iranian television. She was eventually released.


A Thousand Lost Jobs in Media This Week

Gannet cut approximately 400 jobs, Verizon (which owns HuffPost, Yahoo and AOL), announced 7% layoffs, and Buzzfeed is cutting 15%, its entire national desk.



France Fines Google

CNIL, France's data protection regulator, has fined Google 50M Euros ($57M U.S.) for Google's failure to comply with France's data protection regulations. Google failed to give users enough info about their data use or enough control over how their data is used.


YouTube Tweaking "Recommended" Algorithm

YouTube plans to tweak its algorithms to try and reduce the extent to which "conspiracy" or "phony miracle cure" or "flat earth" type videos are "recommended" to viewers. Part of the reason is to bring back advertisers.



Who Owns the News?

This is a publication announcement for Who Owns the News? A History of Copyright, by Will Slauter. This book, scheduled to hit the stores at the end of the month, traces approximately 400 years of the history of journalism, from the earliest printed news publications to the internet. Slauter addresses the tension between news as public domain versus intellectual property "ownership," and asks the question: where does the incentive lie (if anywhere) for journalistic integrity when there's no copyright protection?


About January 2019

This page contains all entries posted to The Entertainment, Arts and Sports Law Blog in January 2019. They are listed from oldest to newest.

December 2018 is the previous archive.

February 2019 is the next archive.

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