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June 2021 Archives

June 4, 2021

Theater News for the Week of June 4th

By Bennett Liebman

Broadway Theater Owner Cited by OSHA in Stagehand's Fatal Fall, https://www.nytimes.com/2021/06/02/theater/death-winter-garden-theater-shubert-organization.html

Shubert Organization Fined Following Death of Stagehand, https://www.broadwayworld.com/article/Shubert-Organization-Fined-Following-Death-of-Stagehand-at-the-Winter-Garden-Theatre-20210602

The heat is on for theater across American to make its comeback pop, https://www.washingtonpost.com/entertainment/theater_dance/britney-shakespeare-nationals/2021/06/03/781ac792-c407-11eb-9a8d-f95d7724967c_story.html

A Chance to Fix the Tonys, and So Many Things to Fix, https://www.nytimes.com/2021/06/02/theater/tony-awards-broadway-fix.html

Some Venue Owners Get a Federal Lifeline. Others Are Told They're Dead, https://www.nytimes.com/2021/06/02/arts/music/shuttered-venue-operators-grants.html

As Grants For Shuttered Venues Trickle Out, Many Owners Are Still Waiting, https://www.npr.org/2021/06/02/1002586773/as-grants-for-shuttered-venues-trickle-out-many-owners-are-still-waiting

The delay in relief funds is pushing small arts firms to the brink, https://www.crainsnewyork.com/small-business/delay-relief-funds-pushing-small-arts-firms-brink

Broadway's Back But the Audience is Tentative: Except for "Music Man" Ticket Sales Are Slow So Far, Even for "Hamilton", https://www.showbiz411.com/2021/06/04/broadways-back-but-the-audience-is-tentative-except-for-music-man-ticket-sales-are-slow-so-far-even-for-hamilton

As Broadway Goes Live, Smaller Theaters Cling to Life, https://therealdeal.com/2021/06/04/pulling-rabbits-out-of-a-hat-how-nyc-theaters-survived-covid-or-didnt/

Broadway productions now have more options for reopening dates, https://broadwaynews.com/2021/05/28/broadway-productions-now-have-more-options-for-reopening-dates/

New York neighborhood turned into 'Seven Deadly Sins' theater, https://nypost.com/2021/06/03/new-york-neighborhood-turned-into-seven-deadly-sins-theater/

Second City returns with scaled-down shows -- but bigger ones on the way, https://chicago.suntimes.com/2021/6/2/22464397/second-city-shows-jon-carr-mainstage-etc-improv-chicago-sketch-zmc

Actors' Equity Exec Director Mary McColl Announces Departure, https://deadline.com/2021/06/mary-mccoll-actors-equity-association-executive-director-departure-announcement-1234767487/

Shea's Prepares to open, https://www.wkbw.com/am-buffalo/sheas-prepares-to-open

National Theatre commits to more plays from outside London, https://www.theguardian.com/stage/2021/jun/04/national-theatre-more-plays-outside-musical-gandhi-assassin

The Drama League Names Three-Time Tony Winning Producer Bonnie Comley President of The Board of Directors, https://t2conline.com/t2c-is-thrilled-to-announce-the-drama-league-names-three-time-tony-winning-producer-bonnie-comley-president-of-the-board-of-directors/

The Age of Reopening Anxiety, https://www.newyorker.com/culture/dept-of-returns/the-age-of-reopening-anxiety

For 40 Years, He Climbed Ev'ry Mountain for Rodgers & Hammerstein, https://www.nytimes.com/2021/05/31/theater/ted-chapin-rodgers-hammerstein.html?smtyp=cur&smid=tw-nyttheater

Intimacy: The professionals making it safe for today's theaters, https://www.onstageblog.com/editorials/2021/6/1/intimacy-the-professionals-making-it-safe-for-todays-theaters

Where Oscar Wilde Once Slept (in Prison Garb), https://www.nytimes.com/2021/06/01/world/europe/oscar-wilde-prison-jail.html

Andrew Lloyd Webber threatens legal action if June 21 rules relaxation stalls, https://www.mirror.co.uk/news/uk-news/andrew-lloyd-webber-threatens-legal-24239234

Column: Steppenwolf-born 'Pass Over' heads to Broadway, https://www.chicagotribune.com/entertainment/theater/chris-jones/ct-ent-pass-over-steppenwolf-broadway-20210603-lavvyl43mvgtxh3fctjt7hmk2y-story.html

Digital Be Damned! Welcome to Shows You Can Touch and Feel, https://www.nytimes.com/2021/06/02/theater/live-puppet-costumes-blindness.html

When Will Scott Rudin's Broadway Shows Reopen?, https://www.yahoo.com/entertainment/scott-rudin-broadway-shows-reopen-224031863.html


Sports News for the Week of June 4th

By Bennett Liebman

NFL says it will end 'race-norming' in concussion settlement, https://www.washingtonpost.com/sports/2021/06/03/nfl-concussion-settlement-race-norming/

NFL to Drop Race-Based Measures in Concussion Settlement, https://www.nytimes.com/2021/06/02/sports/football/nfl-concussion-settlement-race.html

'Boxing is a mess': the darkness and damage of brain trauma in the ring, https://www.theguardian.com/sport/2021/may/27/time-to-find-out-who-cares-boxing-brain-damage-tris-dixon

Can State Government Pressure on CDI Save Arlington?, https://www.bloodhorse.com/horse-racing/articles/250490/can-state-government-pressure-on-cdi-save-arlington

Former Gov. Edgar calls on Pritzker to exert pressure on Arlington Park owner, https://www.dailyherald.com/news/20210529/former-gov-edgar-calls-on-pritzker-to-exert-pressure-on-arlington-park-owner

Churchill Downs bans Baffert for two years after drug result, https://www.kentucky.com/sports/horses/kentucky-derby/article251840863.html

Gophers football players' gender discrimination lawsuit can go forward, https://www.startribune.com/gopher-football-players-gender-discrimination-lawsuit-against-the-university-of-minnesota-can-go-for/600063588/

John Does v University of Minnesota; https://ecf.ca8.uscourts.gov/opndir/21/06/192552P.pdf

Is There A Title IX Issue With Notre Dame's Football Recruiting Billboards, https://www.forbes.com/sites/kristidosh/2021/06/02/is-there-a-title-ix-issue-with-notre-dames-football-recruiting-billboards/?sh=2c2062f2691f

MLB sued for moving All-Star game out of Atlanta, https://www.ajc.com/sports/atlanta-braves/mlb-sued-for-moving-all-star-game-out-of-atlanta/Q43V4WD5QFD4JEZZRINOD2SLDU/

Major League Baseball Sued For Shifting All-Star Game Out Of Georgia, https://abovethelaw.com/2021/06/major-league-baseball-sued-for-shifting-all-star-game-out-of-georgia/

Cheat Sheet For Sports Agents, As Name, Image, Likeness (NIL) Goes Live July 1, http://sportsagentblog.com/2021/06/03/cheat-sheet-for-sports-agents-as-name-image-likeness-nil-goes-live-july-1/

Supreme Court, NCAA, players among key figures in NIL landscape, https://www.usatoday.com/story/sports/college/2021/06/03/supreme-court-ncaa-players-among-key-figures-nil-landscape/5204154001/

Georgia Justices Block Challenge to Tax Break for Falcons, https://www.law.com/dailyreportonline/2021/06/02/georgia-justices-block-challenge-to-tax-break-for-falcons-mercedes-benz-stadium/?slreturn=20210504134541

Why Does Changing A Team's Name Take So Long?, https://fivethirtyeight.com/features/why-does-changing-a-teams-name-take-so-long/

Kentucky Derby Winner Medina Spirit Fails Second Drug Test, https://www.nytimes.com/2021/06/02/sports/horse-racing/kentucky-derby-medina-spirit-baffert.html?referringSource=articleShare

Horse Jumping League Lawsuit Raises Questions of Copyright Law, https://www.sportico.com/law/analysis/2021/horse-jumping-league-1234631010/

NCAA NIL Disclosure Debate Finds Endless Pitfalls, https://www.sportico.com/leagues/college-sports/2021/ncaa-nil-disclosure-debate-1234631006/

Naomi Osaka Quits French Open, Exposing Sports' Mental Health Risks, https://www.bloomberg.com/news/articles/2021-06-01/naomi-osaka-exposes-sports-mental-health-risks-with-paris-exit

College football recruiting is 'about to explode': NIL, new evaluation rules and the most hectic month ever, https://theathletic.com/2624330/2021/06/01/college-football-recruiting-is-about-to-explode-nil-new-evaluation-rules-and-the-most-hectic-month-ever/

High School Football Coaches Suspended After Teen Is Forced to Eat Pork, Lawyer Says, https://www.nytimes.com/2021/06/02/us/marcus-wattley-canton-ohio-mckinley.html

Can The Tokyo Games Still Be Cancelled? Yes, But The Legal And Financial Fallout Would Be Staggering, https://www.lawinsport.com/topics/item/can-the-tokyo-games-still-be-cancelled-yes-but-the-legal-and-financial-fallout-would-be-staggering

USFL Returns: Spring Football League Revived With Fox as Partner, https://www.sportico.com/leagues/football/2021/usfl-returns-spring-football-fox-1234631242/

Vanessa Bryant Nike Dispute Resurfaces With Daughter's Unreleased Shoes, https://www.sportico.com/business/sponsorship/2021/vanessa-bryant-nike-dispute-resurfaces-with-daughters-unreleased-shoes-1234631325/

June 7, 2021

Week In Review

By La-Vaughnda A. Taylor
Edited by Elissa D. Hecker

Entertainment

Twitch 'Disappointed' With Music Publishing Industry as Its Hit with 1,000 Copyright Infringement Claims

Amazon-owned live streaming platform Twitch told its users that it has been sent a "batch" of new copyright infringement claims from music publishers. The company sent out an email stating that these new Digital Millenium Copyright Act takedown notifications include "about 1,000 individual claims" over the use of copyrighted music played in the background of recorded VODs (on-demand videos). In the email sent to users, Twitch stated that "this is our first such contact form the music publishing industry." It believes that music publishers used automated tools to identify the copyrighted music in Twitch's users' clips, and says that it expects there will likely be more takedown notices on the way.

https://www.musicbusinessworldwide.com/twitch-disappointed-with-music-publishing-industry-after-receiving-1000-copyright-infringement-claims/

Seeking a Lifeline, Some Are Told They're Dead

Late last week, some business owners got the good news they had been long awaiting: They would be awarded a piece of a $16 billion federal grant fund intended to preserve music clubs, theaters, and other live-event businesses devastated by the pandemic. However, other applicants ran into fresh obstacles -- including the discovery that the government thinks they'e dead. It was the latest bureaucratic mishap for the Shuttered Venue Operators Grant initiative, an aid program created by Congress late last year that has struggled at nearly every turn to disburse badly needed relief funds. The Small Business Administration has not released details on how many claims it has approved. Others received emails saying their name appears on the "Do Not Pay list with the Match Source DMF". DMF is a reference to the government's Death Master File, a record of more than 83 million people whose deaths have been reported to the Social Security Administration. The process to correct the mistake can be slow. The glitches were the latest to bedevil the program, which has suffered many delays, including a complete failure of its online system on the day when it tried to start accepting applications.

https://www.nytimes.com/2021/06/02/arts/music/shuttered-venue-operators-grants.html

Broadway Theater Owner is Cited for Safety Violation in Stagehand's Fatal Fall

The Occupational Safety and Health Administration has cited Broadway's Shubert Organization with 4 safety violations in the accidental falling death of a stagehand at the Winter Garden Theater last November. The violations in the death of stagehand Peter Wright, 54, are categorized by OSAH as "serious," though not "willful" or "repeat". Fines totaling $45,642 have been proposed. Wright fell 50 feet to his death from a ladder on the fly floor above the stage on Nov. 12, 2020, while performing what was described as routine maintenance of the venue. The citations mostly involve the use or misuse of a ladder, including the use of a ladder that may have been coated with a material that might obscure structural defects. Another citation involves employer training regarding proper use of the ladder. The Shubert Organization has not commented on the findings pending a meeting with federal regulators to discuss the citations and the fines.

https://deadline.com/2021/06/shubert-organization-stagehand-death-federal-regulators-citations-peter-wright-1234768134/

'Hotel Rwanda' Dissident Said to Be Denied Food

Paul Rusesabagina, a prominent dissident who was portrayed in the Oscar-nominated movie "Hotel Rwanda", is being denied food and medicine in a prison in Rwanda where he is being held on terrorism-related charges, even as the 66-year-old has complained of poor health. Resesabagina told family members that prison officials informed him that they would cut his access to food, water, and medicine . His family and lawyers believe the move by Rwandan authors was an attempt to pressure him to return to his trial, which he stopped attending in March after saying he did not expect to receive justice. The former hotelier whose efforts to save more than 1,200 people during the country's genocide were depicted in "Hotel Rwanda" later became a critic of the government of President Paul Kagame. The Rwanda Correctional Services tweeted later on Saturday that it treated all inmates "equally" and that Rusesabagina had access to meals and a medical doctor.

https://www.nytimes.com/2021/06/05/world/africa/hotel-rwanda-denied-food-medicine.html

Arts

SCOTUS to Review H&M's 9th Circuit Win in Copyright Dispute

The U.S. Supreme Court has said it will hear an appeal of a 9th U.S. Circuit Court of Appeals' decision that allowed H&M Hennes & Mauritz LP to escape a ruling that it infringes upon Unicolors Inc.'s copyright application. The Court will weigh in on whether the 9th Circuit correctly determined that evidence of fraud isn't required before invalidating a copyright registration based on inaccurate information in an application, a decision that Unicolors says created a Circuit split and countered Congressional intent. Unicolors sued H&M in Los Angeles federal court in 2016, alleging that H&M clothing infringed its copyright in a fabric design. A jury ruled for Unicolors in 2017, awarding it more than $800,000 in damages. U.S. District Judge Andre Birotte said that he would grant H&M's motion for a new trial on damages in 2018 unless Unicolors accepted reducing the award to $266,000, which it did. The court also granted Unicolors $514,000 in fees and costs, and H&M appealed.

https://www.reuters.com/legal/government/scotus-review-hms-9th-circuit-win-copyright-dispute-2021-06-01/

Pissarro Stolen by the Nazis Is Given to a U.S. University

A Holocaust survivor whose family's art collection was looted by the Nazis is transferring the title of a Camille Pissarro painting to the University of Oklahoma, giving up her long-running efforts to donate the painting to the Musée d'Orsay in Paris, where it is currently being exhibited. The agreement ensures that the painting will continue to be exhibited in both countries. The announcement appeared to end the dispute over the painting, which had spawned court cases in both France and the United States, and had already been the subject of an earlier negotiated settlement.

https://artdaily.com/news/136237/French-heir-gives-Pissarro-stolen-by-the-Nazis-to-a-U-S--university#.YLjrHC1h2w4

Memorials Dedicated to Floyd Are Removed From Site of His Killing

City crews removed concrete barriers around the south Minneapolis intersection where George Floyd was killed more than a year ago. The disruption of the memorial site prompted local activists, some of whom were angered and surprised, to respond by erecting makeshift barricades. The intersection has been closed to vehicle traffic and guarded and maintained by residents since Floyd was killed in May 2020. A sculpture of a raised fist several feet tall will remain. City leaders said after crews has dismantled barricades that they are "committed to establishing a permanent memorial at the intersection, preserving the artwork, and making the area an enduring space for racial healing." The modifications to the site, which included shirinking the garden around the fist sculpture, were temporary, and they were made to allow buses and firetrucks to pass through the intersection.

https://www.nbcnews.com/news/us-news/crews-remove-barriers-memorials-george-floyd-square-n1269483

Gallery Honoring Tulsa Massacre is Defaced

The owner and curator of the Black Wall Street Gallery in SoHo, which has an exhibition commemorating the 100th anniversary of the Tulsa Race Massacre, said that the exterior of the gallery was vandalized 3 times last week and called on the police to treat the vandalism as a hate crime. The NYPD responded twice to calls about vandalism at the gallery. They are investigating but have yet to make any arrest and the department's hate-crime task force was notified after both reports were filed. The curator said that he was calling on the police to not only investigate the vandalism as a hate crime, but to immediately deem it as such.

https://www.nytimes.com/2021/06/03/arts/design/black-wall-street-gallery-racism-vandalism.html

Sports

A Tennis Star With Anxiety Quits a Major

At 23 years old, Naomi Osaka is a 4-time Grand Slam tournament winner and one of the world's highest paid female athletes. She recently posted on social media that she was going to decline press conferences during the French Open tournament due to mental health issues, stating that they induce a great deal of unhealthy stress and anxiety, especially as she is uncomfortable with public speaking. The French Open wasn't pleased with her decision and fined her $15,000 in a glaring lack of empathy. Osaka subsequently withdrew from the prestigious tournament.

https://www.forbes.com/sites/jackkelly/2021/06/01/tennis-star-naomi-osaka-stood-up-for-herself-bravely--shared-her-mental-health-issues-and-walked-away-from-the-french-open/?sh=306e9de61e37

With Candor on Mental Health, Osaka Confronts a Sports Stigma

In making herself vulnerable, Naomi Osaka joined other noteworthy athletes in pushing a once-taboo subject into the open. Her withdrawal from the French Open was a potent example of a movement among elite athletes to challenge the age-old notion that they are, and must be, as peerless in mind as they are in body, untroubled by the scourge of mental illness. Taken together, the disclosures by these athletes are forcing the sports community to acknowledge that the pressures of competition have assuredly contributed to illness among some stars -- and that those stars were never untouchable. Before Osaka's announcement, the swimmer Michael Phelps publicly discussed in recent years his history of depression and anxiety. Other athletes who have spoken up about their mental health struggles includes gymnast Aly Raisman, football player Brandon Marshall, basketball players A'ja Wilson, DeMar DeRozan, and Kevin Love, and Olympic swimmer Amanda Beard.

https://www.nytimes.com/2021/06/01/sports/tennis/mental-health-osaka.html

World Stirs, But Games Still Pour In

In a world let loose, video game makers are "doubling down." The companies won big when the pandemic forced people indoors. In a risky bet, they aren't slowing down even as behaviors shift again. Video game makers have warned that as people head outdoors again, their sales will plunge and spending on games may dip for the first time in at least a decade, although the companies aren't cutting back in anticipation. Video game companies are among the pandemic winners that are declaring they still plan to go full steam ahead, even as the coronavirus lockdowns that powered their businesses over the past 15 months have largely been lifted. Other tech companies that flourished while catering to a remote society -- including Zoom and Peloton -- have also said they expect to continue spending, expand operations and hire. It's a counterintuitive bet.

https://www.nytimes.com/2021/05/30/business/video-games-after-pandemic.html?searchResultPosition=1

Test Confirmed, and Derby Champ May Lose Crown

Churchill Downs, the Louisville home of the Kentucky Derby, suspended horse trainer Bob Baffert after Medina Spirit, the colt that won this year's running of the Derby, failed a second test for banned substances. Baffert's suspension is for 2 years and blocks any trainer affiliated with his stables from entering horses in races operated by Churchill Downs. Medina Spirit failed a post-race drug test last month and his Derby victory could be disqualified by the Kentucky Horse Racing Commission.

https://www.npr.org/2021/06/02/1002468437/the-kentucky-derbys-winning-colt-has-failed-a-second-drug-test

L.G.B.T.Q. Hopes Dim as Tokyo Olympics Near

Legislation labeling discrimination "unacceptable" has been blocked by conservative lawmak-ers, showing how far Japan has to go to fulfill the goal of equality enshrined in the Olympic charter, that discrimination of any kind must be eliminated. What was supposed to be a first step toward equality has instead revealed once again the strong opposition to L.G.B.T.Q. rights from traditional family-values politicians in the governing Liberal Democratic Party. Japan ranks second to last in gay and transgender rights among the nearly 40 wealthy nations in the Organization for Economic Cooperation and Development. It is the only member of the Group of 7 industrial powers that has not legalized same-sex unions and no athletes scheduled to compete for Japan at the Olympic Games have come out as gay or transgender, choosing instead to remain closeted, advocates say, because of fear of a backlash from fans or sponsors.

https://www.nytimes.com/2021/06/05/world/asia/olympics-japan-lgbtq.html

Brazil Has 60,000 New Virus Cases a Day. It will Host a Major Soccer Event.

Brazil has lost 207,000 people to Covid-19 in the past 3 months alone, but President Jair Bolsonaro decided to host the Copa América, arguing, "We have to live." This comes after Colombia and Argentina, the original hosts of the tournament, bowed out, deeming it impossible to welcome hundreds of players and their entourages while the coronavirus pandemic ravaged the continent. The backlash to Brazil's announcement has been withering. Brazil has been averaging more than 60,000 new coronavirus cases each day. The government's failure to control the contagion and vaccinate its people quickly has been the focus of a televised congressional inquiry that has angered and riveted Brazilians. Ricardo Lewandoswki, a Supreme Court justice, ordered the government to provide a detailed plan for the tournament, citing the "public health emergency."

https://www.nytimes.com/2021/06/02/world/americas/brazil-copa-america-soccer-tournament.html

China Halts Ultramarathons After 21 Runners Die

China has suspended all ultramarathon and long-distance races after 21 runners died when extreme weather struck a race last month. High winds and freezing rain hit participants in a 100km (60 mile) ultramarathon in Gansu province. The race was halted when some of the 172 runners went missing and a rescue operation was launched. Now China is suspending all high-risk sports events that lack clear oversight, rules, and safety standards. The suspended sports include trail running, desert trekking, wing suit flying, and ultra-long distance races. It is unclear how long the suspension will last.

https://www.bbc.com/news/world-asia-china-57347600

Media/Technology

Trump's Justice Dept. Secretly Seized Records of 4 New York Times Journalists

The Trump Justice Department secretly obtained the phone records of 4 New York Times reporters as part of a leak investigation. It is the third instance over the last month in which a news media organization disclosed that federal authorities seized the records of journalists in an effort to identity sources for national security stories published during Trump's administration. The Dept. of Justice also waged "a secret legal battle to obtain the email logs...", including a gag order on executives. The legal battle sought to reveal reporters' sources. The order prevented executives from disclosing the government's efforts even to the executive editor and other newsroom leaders.

President Biden has said he would not allow the Justice Department to continue the practice of obtaining reporters' records.

https://www.nbcnews.com/politics/justice-department/trump-justice-dept-seized-phone-records-4-nyt-reporters-n1269470

https://www.reuters.com/world/us/us-justice-dept-got-gag-order-ny-times-execs-fight-over-email-logs-nyt-2021-06-05/

White House Disavows Knowledge of Gag Order

The Biden administration said that no one at the White House had been aware that the Justice Department was seeking to seize the email data of the 4 reporters and had obtained a gag order in March barring a handful of newspaper executives who knew about the fight from discussing it. The disavowal came one day after a court lifted the gag order, which permitted a New York Times lawyer to disclose the Department's effort to obtain email logs from Google, which operates the newspaper's email system. It had begun in the last days of the Trump administration and continued until last Wednesday, when the Biden Justice Department asked a judge to quash the matter without having obtained the data about who had been in contact with the reporters.

https://www.nytimes.com/2021/06/05/us/politics/biden-gag-order-new-york-times-leak.html

Facebook Plans to Stop Giving a Pass to Politicians

Facebook plans to end its controversial policy that mostly shields politicians from the content moderation rules that apply to other users, a sharp reversal that could have global ramifications for how elected officials use the social network. The change comes after the Oversight Board -- an independent group funded by Facebook to review its thorniest content rulings -- affirmed its decision to suspend former President Trump, but critiqued the special treatment it gives to politicians, stating that the "same rules should apply to all users." The board gave Facebook until June 5th to respond to its policy recommendations.

https://www.theverge.com/2021/6/3/22474738/facebook-ending-political-figure-exemption-moderation-policy

Facebook Keeps a Ban on Trump Until Early 2023

Facebook has also announced that Trump's ban will last at least for 2 years. Facebook said that the former president's actions on January 6th, which contributed to a violent mob storming Capitol Hill and staging an insurrection that led to five deaths, "constituted a severe violation of our rules," and that it was enacting this policy change as part of a new approach to public figures during civil unrest. It added that the 2-year sanction constitutes a time period "long enough" to be a significant deterrent to Trump and other world leaders who might make similar posts, as well as enough to allow for a "safe period of time after the acts of incitement." However, Facebook still has not made a final decision about the future of Trump's account. It will again evaluate whether there is still a risk to public safety and potential civil unrest after the two years expire.

https://www.vox.com/recode/2021/6/4/22519076/trump-facebook-two-years-oversight-board

How ViacomCBS's Maneuvers Cost Taxpayers Billions

A new report from a Dutch nonprofit examines ViacomCBS's strategy of licensing international rights to their films by using a labyrinthine tax shelter designed to avoid paying U.S. taxes. It is common practice for multinational corporations to take advantage of tax shelters and the report offers a rare look at how one company has done it. ViacomCBS, a media giant that came into being after the 2019 merger of the sibling companies, has used the same strategy for all of its entertainment properties. Since 2002, ViacomCBS and its predecessor companies, Viacom and CBS, together avoided paying $3.96 billion in U.S. corporate income tax through a system that involved subsidiaries in Barbados, the Bahamas, Luxembourg, the Netherlands, and Britain. ViacomCBS has disputed the findings, saying in a statement that the study was "deeply flawed and misleading." The study on the media giant's tax structure has come out weeks after President Biden proposed a 15% minimum tax on overseas profits for U.S. companies, an effort designed to keep countries from competing with one another by lowering their tax rates.

https://www.nytimes.com/2021/06/01/business/media/viacom-cbs-tax-scheme.html

How the World Learns About Bosses Behaving Badly

In the whisper networks of corporate America, people pass around the names of colleagues to avoid -- sexist, racists, creeps, toxic bosses. Lately, they've also been passing around the names of Ms. Steinhorn and Ms. Scorah, public relations executives whose firm, Lioness, had carved out a specialty helping people navigate the process of speaking out against workplace mistreatment. When an individual contacts Lioness, the pair typically vets and corroborates the story, identifying which parts would be of interest to the media. They work with a law firm that reviews nondisclosure agreements free. The pair then makes connections to reporters, explains how talking to the press works, checks facts, and follows up. Its the kind of behind-the-scenes media guidance that high-powered executives rely on but that others rarely see.

https://www.nytimes.com/2021/06/05/business/nondisclosure-agreements-lioness.html

Facebook Faces Two Antitrust Investigations in Europe

European Union and British regulators have said they are beginning separate antitrust inquiries into Facebook, broadening their efforts to rein in the world's largest technology companies. The investigations by the European Commission, the executive arm of the 27-nation union, and Britain's Competition and Markets Authority, take aim at a key business strategy used by Facebook and other large tech companies; to use their size and power in one area to enter others. The regulators said they would start formal investigations of Facebook Marketplace, an eBay-like classified service introduced in 2016 for users to buy and sell products. Britain is also looking into Facebook Dating, a service the company introduced in Europe last year. The inquiries intensify the already wide-ranging scrutiny that tech giants are facing from governments around the globe. Regulators in the U.S., China, India, Australia, Russia, and around Latin America are investigating into and pressing charges against the companies, accusing them of squashing rivals and harming consumers.

https://www.nytimes.com/2021/06/04/business/facebook-eu-uk-antitrust.html

Nigeria Bans Use of Twitter After It Pulls Leader's Post

According to reports form Lagos and the capital, Abuja, access to Twitter through Nigeria's main phone providers has been blocked. This comes after the government said that it was suspending Twitter operations in the country "indefinitely". The ban was due to "the persistent use of the platform for activities...capable of undermining Nigeria's corporate existence." Twitter said that the announcement from Information Minister Lai Mohammed was "deeply concerning."

https://www.bbc.com/news/world-africa-57363779

General News

Biden Declares Pride Month, Voting Push for L.G.B.T.Q. Rights

President Biden issued a presidential proclamation recognizing June as Pride Month, vowing to fight for full equality for the L.G.B.T.Q.+ community to be codified into law. The official recognition is a turnabout from the policies of former President Trump, who refused to acknowledge the celebration.

https://www.nytimes.com/2021/06/01/us/politics/biden-pride-lgbtq.html

Justices Affirm Tribal Officers' Power to Detain on U.S. Roads

In a pair of unanimous decisions, the Supreme Court ruled that tribal police officers may sometimes detain and search non-Native Americans on federal highways and that there is no presumption that testimony form immigrants fighting deportation is credible.

https://www.nytimes.com/2021/06/01/us/supreme-court-tribal-police-immigration.html?searchResultPosition=1

U.S. Suspends Drilling Leases in Arctic Lands

The Biden administration is suspending oil and gas drilling leases in the Arctic National Wildlife Refuge, reversing one of Trump's final environmental decisions before leaving office. The administration plans to further explore the environmental impacts of drilling in the fragile Alaskan region. The leases are suspended pending a comprehensive analysis. Republicans and the oil industry have been attempting to gain access to the refuge for decades, locked in an ongoing battle with Democrats and local activists.

https://www.cbsnews.com/news/biden-suspends-trump-oil-gas-drilling-lease-arctic-national-wildlife-refuge-alaska/

Debate Over Scope of Racism Embroils Schools

In a culture war brawl that has spilled into the country's educational system, Republicans at the local, state, and national levels are trying to block curriculums that emphasize systemic racism. Across the country, Republican-led legislatures have passed bills recently to ban or limit schools from teaching that racism is infused in American institutions. From school boards to the halls of Congress, Republicans are mounting an energetic campaign aiming to dictate how historical and modern racism in America are taught, meeting pushback from Democrats and educators in a politically thorny clash that has deep ramifications for how children learn about their country.

https://www.nytimes.com/2021/06/01/us/politics/critical-race-theory.html?searchResultPosition=1

In Tulsa, President Tells of a Massacre's Horrors

President Biden visited Tulsa, Oklahoma, to mark the centennial of the 1921 Tulsa Race Massacre, becoming the first sitting president to visit the historic Greenwood neighborhood to acknowledge the atrocities that took place there. Biden toured the Greenwood Cultural Center and then privately met with survivors ahead of remarks in which he announced new actions his administration is taking to narrow the racial wealth gap between Black and white Americans. Biden also called for June to be a "month of action on Capitol Hill" on voting rights legislation and announced that he was appointing Vice President Harris to spearhead the administration's efforts to combat, what he called, "the assault on the right to vote." He also acknowledged that the history of the Tulsa attack was whitewashed and overlooked in the past 100 years -- made evident by the fact, he said, that he is the first president to visit.

https://abcnews.go.com/Politics/biden-shine-light-tulsa-race-massacre-remarks-meeting/story?id=78020930

Old-Guard Senators Defy Changes to Military Handling of Sex Assault

Over nearly a decade, Senator Kirsten Gillibrand has painstakingly cobbled together a bipartisan Senate majority for legislation that would overhaul the way the military handles sexual assault and other serious crimes, a shift that many experts say is long overdue. Gillibrand's bill would remove military commanders from a role in the prosecutions of service members for sexual assault, as well as many other serious crimes, which would be a sea of change for the military justice system. The Senator has won backing from President Biden and numerous colleagues who voted against the bill the last time it came to the floor, a rare turn of events in a deeply divided body. Now she is running up against a final hurdle: opposition from the leaders of her chamber's Armed Service Committee: Senators Jack Reed, Democrat of Rhode Island, and James M. Inhofe, Republican of Oklahoma.

https://www.nytimes.com/2021/06/03/us/politics/gillibrand-military-sexual-assault.html

G7 Finance Leaders Reach a Deal to Curb Offshore Tax Havens

The U.S., the UK, and other large, rich nations reached a landmark deal to squeeze more money out of multinational companies, such as Amazon and Google, and reduce their incentive to shift profits to low-tax offshore havens. Hundreds of billions of dollars could pour into the coffers of governments left cash-strapped by the COVID-19 pandemic after the Group of Seven advanced economies agreed to back a minimum global corporate tax rate of at least 15%.

https://www.reuters.com/business/g7-nations-near-historic-deal-taxing-multinationals-2021-06-05/

Postmaster General Faces Campaign Finance Investigation

The FBI is investigating Postmaster General Louis DeJoy concerning possible campaign finance violations at his previous company. DeJoy, a prominent GOP donor and logistics executive, was previously the chief executive of North Carolina-based New Breed Logistics before joining the USPS in mid-2020. The House Oversight Committee had already been investigating allegations that DeJoy and other executives encouraged and gave bonuses to employees who donated money to Republican political candidates during DeJoy's tenure at New Breed.

https://www.businessinsider.com/fbi-investigating-dejoy-over-possible-campaign-finance-violations-wapo-2021-6

Obscure Names on a Top 10 List of Big Polluters

As the world's oil and gas giants face increasing pressure to reduce their fossil fuel emissions, small, privately held drilling companies are becoming the country's biggest emitters of greenhouse gases, often by buying up the industry's high-polluting assets. According to a new analysis of the latest emissions data disclosed to the Environmental Protection Agency, 5 of the industry's top 10 emitters of methane, a particularly potent planet-warming gas, are little-known oil and gas producers, some backed by obscure investment firms, whose environmental footprints are wildly rare relative to their production.

https://www.nytimes.com/2021/06/02/climate/biggest-methane-emitters.html

Meat Processor is Victim of a Ransomware Attack

A cyberattack on JBS SA, the largest meat producer globally, forced the shutdown of all its U.S. beef plants, wiping out output from facilities that supply almost a quarter of American supplies. Slaughter operation across Australia were also down and one of Canada's largest beef plants was idled. That came after a weekend attack on the Brazilian company's computer networks. It's unclear exactly how many plants globally have been affected by the ransomware attack, as Sao Paulo-based JBS has yet to release those details. The prospect of more extensive shutdowns worldwide is already upending agricultural markets and raising concerns about food security as hackers increasingly target critical infrastructure. In a statement, the FBI attributed the attack to REvil, also known as Sodinokibi, a Russian-speaking gang that has made some of the largest ransomware demands on record in recent months.

https://www.bloomberg.com/news/articles/2021-05-31/meat-is-latest-cyber-victim-as-hackers-hit-top-supplier-jbs

"Historic" Shift in Labor Force Favors Workers

The relationship between American businesses and their employees is undergoing a profound shift: For the first time in a generation, workers are gaining the upper hand. The change is broader than the pandemic-related signing bonuses at fastfood places. Up and down the wage scale, companies are becoming more willing to pay a little more, to train workers, to take chances on people without traditional qualifications, and to show greater flexibility in where and how people work. The erosion of employer power began during the low-unemployment years leading up to the pandemic and, given demographic trends, could persist for years.

https://www.nytimes.com/2021/06/05/upshot/jobs-rising-wages.html

Dept. of Justice Was Pressured by Trump Aide

Former Trump White House chief of staff Mark Meadows pushed the Department of Justice to probe multiple unfounded theories about the 2020 presidential election in the weeks leading up to President Biden's inauguration. The debunked theories Meadows reportedly asked Jeffrey Rosen, the acting attorney general at the time, to investigate, included on that voting machines were remotely controlled by people in Italy with military technology that were able to switch votes from former President Trump to Biden. Rosen said he refused to entertain the theories and refused to set up a meeting between the FBI and a man who was pushing the Italy conspiracy theory, known as "Italygate". A spokesperson for Meadows declined to comment.

https://thehill.com/blogs/blog-briefing-room/news/556998-ex-trump-aide-meadows-pushed-doj-to-probe-multiple-election

A New Showdown on Voting Limits Emerges in Texas

The battle among Texas lawmakers over a bill that would impose some of the strictest limits in the nation on voting access escalated as Democrats and Republicans vowed that they would not back down over a highly charged issued that has galvanized both parties. Stung by the last-minute setback for one of the G.O.P.'s top legislative priorities, after Democrats killed the measure with a dramatic walkout over issues including passage of a number of other aggressive measure, including a near-ban on abortion and a bill allowing the carrying of handguns without permits, Gov. Greg Abbott suggested that he would withhold pay from lawmakers because of the failure to pass the bill, pledging to veto the section of the budget that funds the legislative branch. G.O.P. leaders said they would revive their efforts in a special session of the Legislature. Democrats were resolute in their opposition, promising to redouble their efforts to keep a new bill from becoming law. Republicans control both chambers of the Legislature and would be favored to pass a voting bill in a special session. The failure to pass the bill was a striking blow to Republicans and one of the few setbacks they have suffered nationally in a monthlong push to restrict voting in states they control. The Texas bill was viewed by many Democrats and voting rights groups as perhaps the harshest of all. President Biden denounced the bill.

https://www.nytimes.com/2021/05/31/us/politics/texas-voting-bill-.html

https://news.yahoo.com/emboldened-republicans-helm-texas-steers-114012860.html

As California Judge Overturns Weapons Ban, Eyes Turn to Supreme Court

A federal judge overturned California's 30 year ban on assault weapons, ruling that it violates the constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled that the state's definition of illegal military-style rifles unlawfully deprived law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court. He issued a permanent injunction against enforcement of the law, but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal. Gov. Gavin Newsom condemned the decision, calling it "a direct threat to public saftey and the lives of innocent Californians, period." Judge Benitez likened the AR-15 to a Swiss Army knife -- "the perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle."

https://www.usatoday.com/story/news/nation/2021/06/04/assault-weapons-ban-federal-judge-overturns-california-law/7558823002/

Justice System that Ensnares 2nd Graders is Questioned

This spring, New York State police arrested a person form the hamlet of Brasher Falls, NY, population of about 1,000. He was charged with rape. The pain of such crimes often tears small towns apart without rippling beyond their borders, but news of the March 23rd arrest ricocheted far beyond the hamlet, as the defendant was a 7-year-old boy. Little is known about the circumstances of the arrest, the specifics of the allegations or the case's disposition. The records of cases involving children are kept private. But in NY, the arrest reignited a discussion about how the justice system deals with so-called juvenile delinquents -- children between the ages of 7 and 18 whose cases are heard in family court. Judges, juvenile justice experts and lawyers who have handled such cases form both sides of the courtroom say that arrests traumatize children, ensnare them in the legal system, and increase their chances of recidivism. Young children are almost never charged as adults, but arresting and charging them at all, those who study the issue say, ignores the science of brain development and in an attempt to seek justice often achieves the opposite result. This incident, along with others, have renewed focus on a bill that has continued to work its way through NY's State Legislature. It would raise the minimum age at which a child may be charged as a juvenile delinquent in family court to 12 from 7 (except for homicide offenses) and divert cases involving younger children to social and other services.

https://www.nytimes.com/2021/06/03/nyregion/rape-arrest-7-year-old-boy.html?searchResultPosition=2

The Cost of Being an 'Interchangeable Asian'

At some top companies, Asian Americans are overrepresented in midlevel roles and underrepresented in leadership. The root of this workplace inequality could stem form the all-too common experience of being confused for someone else. White collar professional are preparing the return to the office after a year of Zoom calls, the aftermath of the police killing of George Floyd, and a year of reckoning over racial injustice in America. In the corporate world, that injustice manifests in unequal career opportunities for professionals of color. In response, many companies have begun "diversity, equity and inclusion" programs aimed at recalibrating their office cultures to be more supportive of minority workers. Howeve, as a first step, what many Asian American professionals need is simple; they want their colleagues to bother to learn their names. While the problem is prevalent in the U.S., the mix-ups also frequently happen in other countries where people with Asian heritage make up a minority, like Canada. There's even a term for it: the interchangeable Asian.

https://www.nytimes.com/2021/06/06/business/the-cost-of-being-an-interchangeable-asian.html

China Will Let Families Have Three Children

In a major policy shift, China has announced that it will allow couples to have up to 3 children, after census data showed a steep decline in birth rates. China scrapped its decades-old one-child policy in 2016, replacing it with a 2-child limit that has failed to lead to a sustained upsurge in births. Human rights organization Amnesty International said the policy, like its predecessors, was still a violation of sexual and reproductive rights. Some experts are skeptical of the impact.

https://www.bbc.com/news/world-asia-china-57303592

Coronavirus

Office Vaccine Mandates: E.E.O.C. Clarifies the Rules

The agency that enforces workplace discrimination laws has said -- twice -- that companies can make their employees who are returning to the job get vaccinated against Covid-19. So far, few companies have decided to move forward, as many are still engaging in internal debates about how to safely restore their offices to operations that resemble what they were before the pandemic. Some companies say they are wary of setting mandates until the vaccines have received full approval by the Food and Drug Administration, which so far has granted emergency use authorization. Another reason many companies remain hesitant, according to executives, lawyers, and consultants who advise companies, is the long list of legal considerations the E.E.O.C. says they must follow before mandating vaccines.

https://www.nytimes.com/2021/06/01/business/workplace-vaccine-requirements.html

The Best Rapid Covid-19 Test Adores Treats and Belly Rubs

In Thailand and around the world, dogs are being trained to sniff out the coronavirus in people. So far, the results have been impressive. Preliminary studies, conducted in multiple countries, suggest that their detection rate may surpass that of the rapid antigen testing often used in airports and other public places. The hope is that dogs can be deployed in crowded public spaces, like stadiums or transportation hubs, to identity people carrying the virus. Their skills are being developed in Thailand, the U.S., France, Britain, Chile, Australia, Belgium, and Germany, among other countries. The dogs have patrolled airports in Finland, Lebanon, and the United Arab Emirates, and private companies have used them at American sporting events. Sniffer dogs work faster and far more cheaply than polymerase chain reaction (PCR) testing, say their proponents.

https://www.nytimes.com/2021/05/31/world/asia/dogs-coronavirus.html

Research Finds Surge in Start-Ups in Pandemic

New research finds a big rise in new businesses despite the pandemic, particularly in predominantly Black neighborhoods. Over the last year, multiple stimulus measures from the federal government have helped families buy groceries, pay rent, and build a financial cushion. This aid might have also helped start a new era of entrepreneurship. There has been a surge in start-ups in America that experts have yet to fully explain. A new study -- using data that allows researchers to more precisely track new businesses across time and place -- finds that the surge coincides with federal stimulus, and is strongest in Black communities. Across a number of states the pace of weekly business registrations more than doubled in the months after the CARES Act was signed in March 2020. The pandemic might mark the end of a slump in entrepreneurship that has lasted for several decades.

https://www.nytimes.com/2021/05/24/upshot/stimulus-covid-startups-increase.html?searchResultPosition=1

Countries Seeing Surges Are Vaccine Have-Nots

As nations like the U.S. prepare for a summer of hugs, gatherings, and other activities safe for the vaccinated, nations still scrambling for shots are seeing some of their worst outbreaks. Deep into the second year of the pandemic, the world is dividing along a powerful and painful line: Those who have vaccines, and those who do not. Scores of people are still dying daily in countries like Colombia, Argentina, Paraguay, and Uruguay because the vaccines are coming too late. As rich nations like the U.S. prepare for a return to normalcy -- at least half of the population here, as well as in England and Israel have received at least one dose of a vaccine, sending cases plummeting -- some poorer nations, scrambling for shots and heaving under weary health systems and exhausted economies, are seeing their worst outbreaks since the start of the pandemic.

https://www.nytimes.com/2021/06/02/world/americas/virus-surges-vaccines.html?searchResultPosition=1

June 11, 2021

Theater News for the Week of June 11th

By Bennett Liebman

The government vows to fix a plagued relief program for live-event businesses, https://www.nytimes.com/live/2021/06/10/business/economy-stock-market-news#sba-shuttered-venue-grants

Movie Theaters, Live Venues Call for Delayed COVID Relief Grants, https://www.hollywoodreporter.com/business/business-news/movie-theaters-live-venues-delayed-covid-relief-grants-1234966206/

A decade after his fraud conviction, theatre producer Garth Drabinsky will see his comeback project, https://www.thestar.com/entertainment/stage/2021/06/07/a-decade-after-fraud-conviction-theatre-producer-garth-drabinskys-new-comeback-project-is-bound-for-broadway.html?utm_source=dlvr.it&utm_medium=twitter

Returning to live theater is a midsummer night's dream, https://www.bostonglobe.com/2021/06/11/metro/returning-live-theater-is-midsummer-nights-dream/

Actors Fund re-elects Brian Stokes Mitchell, appoints two new board members, https://broadwaynews.com/2021/06/10/actors-fund-re-elects-brian-stokes-mitchell-appoints-two-new-board-members/

Andrew Lloyd Webber risking arrest for June London theater reopening plan, https://www.foxnews.com/entertainment/andrew-lloyd-webber-risking-arrest-june-london-theater-reopening

Want 'Springsteen On Broadway' Tickets? Get In Line And Prepare To Pay, https://deadline.com/2021/06/springsteen-on-broadway-ticket-prices-1234773143/

How Lin-Manuel Miranda and Friends Made an Old Bookstore New, https://www.nytimes.com/2021/06/06/theater/drama-book-shop-lin-manuel-miranda.html

The Drama Book Shop NYC Design by David Korins, https://www.apartmenttherapy.com/the-drama-book-shop-nyc-design-36932216

Theatre as Healing Ritual: How Afrofemononomy Worked the Root, https://www.americantheatre.org/2021/06/09/theatre-as-healing-ritual-how-afrofemononomy-worked-the-roots/

No Broadway Shows? No Problem. Walking Tours Fill a Void, https://www.nytimes.com/2021/06/10/theater/broadway-up-close-tour-guide.html

Shubert Foundation Grants $32.1 Million to 575 Theatres and Performing Arts Organizations, https://www.playbill.com/article/the-shubert-foundation-grants-321-million-to-575-theatres-and-performing-arts-organizations

Broadway's Post-Pandemic Future, https://www.nyu.edu/about/news-publications/news/2021/june/broadway-s-post-pandemic-future-.html

Broadway League announces inaugural Juneteenth event, https://broadwaynews.com/2021/06/08/broadway-league-announces-inaugural-juneteenth-event/

'To Kill a Mockingbird' returns to Broadway with original star, https://www.usatoday.com/story/entertainment/2021/06/10/to-kill-mockingbird-broadway-jeff-daniels-celia-keenan-bolger/7634787002/

Broadway's Diversity Data Finds a Home on Counting Together Site, https://www.backstage.com/magazine/article/counting-together-broadway-theater-diversity-data-website-73427/

How 'In the Heights' Recorded Its Songs for Film, https://www.backstage.com/magazine/article/in-the-heights-sound-editor-lewis-goldstein-73411/

In the Heights movie interview: Lin-Manuel Miranda and others on adapting the hit musical, https://www.vox.com/22522628/in-the-heights-interview-miranda-hudes-chu

Michael Ritchie will retire from Center Theatre Group, https://www.latimes.com/entertainment-arts/story/2021-06-10/michael-ritchie-retires-center-theatre-group-ahmanson

As Brian Clowdus pursues his second act, Atlanta theater artists push back, https://www.artsatl.org/brian-clowdus-pursues-his-second-act-and-atlanta-theater-artists-push-back/

Theatres pose almost no Covid risk, say Whitehall sources, https://www.msn.com/en-gb/news/uknews/theatres-pose-almost-no-covid-risk-say-whitehall-sources/ar-AAKSFnZ

UK's first all-black, all-female Shakespeare company aim to shine new light on Bard, https://www.theguardian.com/culture/2021/jun/10/uks-first-all-black-all-female-shakespeare-company-aim-to-shine-new-light-on-bard

Theatre News: The Lehman Trilogy, Merry Wives, Eugene O'Neill Theater Center, Summer Concert Series and The Honeycomb Trilogy, https://t2conline.com/theatre-news-the-lehman-trilogy-merry-wives-eugene-oneill-theater-center-summer-concert-series-and-the-honeycomb-trilogy/

Sports News for the Week of June 11th

By Bennett Liebman

Senate committee heats up discussions of federal law for college athletes, https://www.insidehighered.com/news/2021/06/10/senate-committee-heats-discussions-federal-law-college-athletes

NCAA president Mark Emmert, lawmakers debate need for national college athlete compensation, https://www.espn.com/college-sports/story/_/id/31598962/ncaa-president-mark-emmert-lawmakers-debate-need-national-law-addressing-pay-college-athletes

'The future of college sports is in jeopardy,' Gonzaga's Mark Few tells Cantwell's Senate panel on student-athlete pay, https://www.spokesman.com/stories/2021/jun/09/the-future-of-college-sports-is-in-jeopardy-mark-f/

No Clarity For Sportbooks When Using Name, Image, Likeness, https://sportshandle.com/no-clairty-name-image-likeness/

DOJ to Defend Religious Exemption to Title IX, https://lawandcrime.com/high-profile/biden-administration-doj-says-it-will-defend-exemption-to-law-that-allows-religious-schools-to-discriminate-against-lgtbq-students/

How to Navigate When Title IX and Cancel Culture Clash, https://www.jdsupra.com/legalnews/how-to-navigate-when-title-ix-and-9403646/

Jury in Baylor sexual assault trial finds Baylor, football players not responsible, https://www.houstonchronicle.com/news/houston-texas/houston/article/Jury-in-Baylor-sexual-assault-trial-issues-16236982.php

Bob Baffert and Medina Spirit owner file lawsuit over Kentucky Derby test result, https://www.racingpost.com/news/bob-baffert-and-medina-spirit-owner-file-lawsuit-over-kentucky-derby-test-result/494249

Norwich City Cancels Sponsorship After Backlash to Over-Sexualized Ads, https://www.sportico.com/business/sponsorship/2021/norwich-city-cancels-sponsorship-1234631741/

College football players are fighting for more compensation in the Supreme Court, https://www.npr.org/2021/06/04/1003279342/amateur-hour-at-the-supreme-court

Yana Sizikova: Russian tennis player arrested for sports corruption and fraud, https://www.cnn.com/2021/06/04/tennis/yana-sizikova-arrested-corruption-fraud-tennis-spt-intl/?hpt=ob_blogfooterold

NCAA's Termination of Westwood One Contract Upheld in Ruling, https://www.sportico.com/law/analysis/2021/westwood-one-ncaa-lawsuit-1234631412/

'Emotionally, we are part of the NFL': Why Germany is the next target for pro football, https://theathletic.com/2642080/2021/06/09/emotionally-we-are-part-of-the-nfl-why-germany-is-the-next-target-for-pro-football/

Amid move to mobile ticketing, the world of printed ticket collectibles is threatened, https://theathletic.com/2634766/2021/06/08/amid-move-to-mobile-ticketing-the-world-of-printed-ticket-collectibles-is-threatened/?source=emp_shared_article

Ja'Wuan James files grievance against Broncos seeking $15 million, https://profootballtalk.nbcsports.com/2021/06/07/jawuan-james-files-grievance-against-broncos-seeking-15-million/

Rancor among Chargers ownership amps up in latest legal filings, https://theathletic.com/2636075/2021/06/07/rancor-among-chargers-ownership-amps-up-in-latest-legal-filings/?source=emp_shared_article

Ex-Michigan players want apology from school; Bo's son says statue should come down, https://www.mlive.com/wolverines/2021/06/ex-michigan-players-want-apology-from-school-bos-son-says-statue-should-come-down.html

Penn State Ex-President Reports To Jail To Begin Sandusky Scandal Sentence, https://dailycaller.com/2021/06/10/penn-state-ex-president-sandusky-scandal/

Judge denies request to return MLB All-Star game to Atlanta, https://www.ajc.com/sports/atlanta-braves/judge-denies-request-to-return-mlb-all-star-game-to-atlanta/63HFU5HO5FAYJOQAOFOCDTP7XY/

Roenick Loses Claim Sexual Orientation Bias Drove NBC Firing, https://news.bloomberglaw.com/daily-labor-report/roenick-loses-claim-sexual-orientation-bias-drove-nbc-firing

'Pride still goes on' for trans Floridians after sports law, budget cuts, https://www.tampabay.com/news/florida/2021/06/05/pride-still-goes-on-for-trans-floridians-after-sports-law-budget-cuts/

This Is Spider Tack: The Men Who Inadvertently Created MLB's Stickiest Problem, https://www.wsj.com/articles/what-is-spider-tack-mlb-gerrit-cole-foreign-substances-11623373319?mod=e2tws

June 14, 2021

Week In Review

By Travis Marmara
Edited by Elissa D. Hecker

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

Entertainment

Activision Facing Jury Trial In 'Call of Duty' Copyright Case

In Huffman v. Activision Publishing, Inc., former wrestler, Booker T, sued the video game studio over similarities between the video game character, David "Prophet" Wilkes, which was used in the popular video game, "Call of Duty: Black Ops 4", and a character that Booker T developed named "G.I. Bro." Activision requested to strike a demand for a jury trial in the case. Magistrate Judge Roy S. Payne rejected the request, paving the way for a jury trial later this month. Judge Payne rejected Activision's argument that Booker T was not afforded a statutory right to a trial by jury because he was seeking profits rather than actual or statutory damages.

https://www.law360.com/articles/1392458

Roblox Responds to Music Publishers $200 Million Copyright-Infringement Lawsuit

The National Music Publishers Association sued popular online-game company Roblox for $200 million, alleging that the site lacks protective measures to police the unlicensed use of songs on its platform and fails to pay songwriters and copyright holders. Roblox released a statement denying any wrongdoing and stated that it values intellectual property rights and requires users to abide by internal policies.

https://variety.com/2021/music/news/roblox-response-lawsuit-nmpa-copyright-infringement-1234993526/

New York City Plans a Central Park Mega-Concert to Celebrate Reopening

In an attempt to show that New York City is back from the pandemic, Mayor Bill de Blasio has called on legendary music producer Clive Davis to put together an epic concert on the Great Lawn in Central Park. Taking place on August 21st, the show will have "eight 'iconic' stars to perform a three-hour show for 60,000 attendees and a worldwide television audience." Live Nation will also be involved in the production of the concert and the majority of tickets will be free.

https://www.nytimes.com/2021/06/07/arts/music/postcovid-concert-central-park.html?searchResultPosition=1

Headliners and Headdresses Return to Las Vegas. Will Tourists Follow?

In a city powered by tourism, Las Vegas is finally returning to the days of yonder, when shows were packed and the strip was bustling. On June 1st, governor Steve Sisolak lifted Covid-19 restrictions, allowing shows to reopen at full capacity. Shows generate much of the revenue for casinos, as patrons must weave through the menagerie of gaming machines, bars, and restaurants to reach the theater and are seen as a vital component to the overall operation.

https://www.nytimes.com/2021/06/10/theater/las-vegas-shows-reopening.html?searchResultPosition=1

China's Censorship Widens to Hong Kong's Vaunted Film Industry, With Global Implications

In a further push for mainland Chinese to exercise control over Hong Kong, the city government of Hong Kong announced that it will begin screening and stopping the distribution of films that are determined to be a threat to national security. Hong Kong is known as a locale where "government-protected freedoms of expression and an irreverent local culture had imbued the city with a cultural vibrancy that set it apart from mainland megacities." Movies now will be censored not only for their content alone, but also will be looked through the lens of the viewer to assess whether there is a threat to national security.

https://www.nytimes.com/2021/06/11/world/asia/hong-kong-film-censorship.html?searchResultPosition=1

Drake and Other Canadian Artists Sign Letter Requesting Changes to Copyright Law

The Songwriters Association of Canada is petitioning Prime Minister Justin Trudeau to alter Canada's copyright law. Joining the effort are popular Canadian artists Drake and Celine Dion. The artists are calling on a change to Section 14(1) of the Copyright Act to allow for artists to regain copyright ownership 25 years after the initial transfer instead of 25 years after their death, as it is currently codified in the act. The change would provide copyrights to artists who assigned their rights earlier in their careers.

https://www.revolt.tv/news/2021/6/5/22520223/drake-signs-letter-requesting-changes-to-copyright-law

Kim Jong-un Calls K-Pop a 'Vicious Cancer' in the New Culture War

With an economy that is flailing and a decrease in diplomacy with the United States after the departure of former President Donald Trump, North Korea is now addressing what it sees as an existential threat to its country: South Korean pop culture. Its presence was considered so alarming that in December 2020, the country enacted a new law that punished individuals for "five to 15 years in labor camps for people who watch or possess South Korean entertainment." Subsequently, North Korean dictator Kim Jong-un issued edicts ordering all towns, provinces, and cities to root out Western ideologies found in anything possessed by citizens in their localities.

https://www.nytimes.com/2021/06/11/world/asia/kim-jong-un-k-pop.html?searchResultPosition=1

Arts

Parties Settle in Legal Fight Over Robert Indiana's Legacy

Famed artist Robert Indiana was known for famous sculptures, such as "LOVE", which can be found across various cities in the United States. After his death, the Morgan Art Foundation, a for-profit entity that holds the rights to product some of Indiana's most famous works, sued Indiana's former caretaker, Jamie L. Thomas, alleging that Thomas and a New York art publisher created unauthorized works of Indiana's. The estate, in turn, countersued the Morgan Art Foundation, stating that the entity did not pay out the appropriate amount of royalties to it. In the settlement a partnership will be created between the Morgan Art Foundation and the Star of Hope foundation, the latter a nonprofit the artist created to execute his wishes in the will, which include converting his house off the coast of Maine into a museum to honor his legacy.

https://www.nytimes.com/2021/06/11/arts/design/robert-indiana-settlement.html?searchResultPosition=1

Biden Justice Department Seeks to Defend Trump in Suit Over Rape Denial

In 2019, E. Jean Carroll, a columnist for Elle magazine sued then-President Trump for defamation. Carroll wrote an excerpt in New York Magazine detailing an alleged rape that occurred decades ago in a Bergdorf Goodman department store. Trump denied ever knowing Carroll and mentioned that he could not have raped her because she wasn't his '"type."' In a surprise filing, the Justice Department adopted Trump's position, "arguing that he could not be sued for defamation because he had made the supposedly offending statements as part of his official duties as president."

https://www.nytimes.com/2021/06/07/nyregion/trump-jean-carroll-lawsuit.html?searchResultPosition=1

Museum's Role in Police Mural Outside Detroit Draws Criticism

A mural titled "To Serve and Protect" was initially unveiled with much fanfare in Sterling Heights, Michigan, a predominately black neighborhood near Detroit, in 2018. The mural, which depicts police officers holding hands and bowing in front of the American flag, however, has caused outrage in the community, members of whom say that the art is untimely, as calls for police reform and attention to police brutality grow in the wake of the killing of George Floyd, amongst others. Others in the community argue, however, that the mural is a tribute to 3 deceased officers and shows unity, inclusion, and a sense of service and community.

https://www.nytimes.com/2021/06/08/arts/design/police-mural-detroit-museum.html?searchResultPosition=1

Was This Picasso Lost Because of the Nazis? Heirs and Bavaria Disagree.

A Picasso painting, "Portrait of Madame Soler", is the subject of debate. The painting is "one of five Picasso works the Mendelssohn-Bartholdy family sold to the Berlin art dealer Justin K. Thannhauser in 1934 and 1935." The Bavarian State Painting Collections then bought the painting from the art dealer in 1964. The purchasing entity argued that the selling of the portrait was not subject to Nazi persecution, which the family contests. Under tradition, on the occasion where there is dispute over ownership, the 2 parties usually agree to refer the case to a national commission to investigate proper ownership. The Bavarian State Painting Collections, however, has refused to send the case to the commission, creating a stalemate for who properly owns the painting.

https://www.nytimes.com/2021/06/08/arts/design/picasso-nazi-bavaria.html?searchResultPosition=1

Sports

Judge Denies Request to Return Major League Baseball All-Star Game to Atlanta

In April, Major League Baseball (MLB) decided to move the All-Star game from Atlanta to Denver after news of Georgia's ratification of voter restriction bills. Subsequently, a conservative small business advocacy group, Job Creators Network (JCN), sued MLB and requested an injunction to prevent the decision to move the game. U.S. District Judge Valerie Caproni denied the advocacy group's request for the injunction, reasoning that "JCN '"lacks standing"' to seek an injunction and '"has failed to demonstrate that it is likely to suffer irreparable harm in the absence of an injunction."'

https://www.ajc.com/sports/atlanta-braves/judge-denies-request-to-return-mlb-all-star-game-to-atlanta/63HFU5HO5FAYJOQAOFOCDTP7XY/

Baseball's Sticky Situation

Baseball, which has a long, storied past with cheating scandals, including steroids, sign-stealing, and illegal gambling, is facing a new scandal: doctored baseballs. Now widespread is the use of various ointments, gels, and other types of products that allow pitchers to get a better grip on the ball. This allows them to spin the ball faster and cause movement to the baseball that would not otherwise be seen, making the pitch more difficult to hit, with the statistics backing up this fact. Batters are currently striking out "8.98 times per team per game, the highest in history, and six no-hitters had already been thrown -- only one fewer than the modern record for a full season." In response, MLB is expected to issue new guidance for the purpose of enforcing rules in the existing collective bargaining agreement around the use of foreign substances.

https://www.nytimes.com/2021/06/12/sports/baseball/ball-doctoring-spider-tack.html?searchResultPosition=1

Both Are Abuse Survivors, But One Can Sue and One Can't

The New York State Senate passed the Adult Survivors Act, which would establish a one-year '"look-back window"' for adult victims of sexual assault to file civil claims, even if the statute of limitations ran out. The spurning of the act stems from 2 individuals who were abused by a graduate school gymnast at Syracuse University. Despite being born only 230 days apart, and the events occurring at the same loading dock behind the school and involving the same predator, the victim who was 17 at the time was allowed to sue but the victim who had just turned 18 at the time when the abuse happened could not.

https://www.nytimes.com/2021/06/07/sports/syracuse-abuse-survivors.html?searchResultPosition=1

Connecticut and Missouri Lawmakers Clear Way For College Athletes To Sign Endorsement Deals

Connecticut and Missouri became the latest states to pass legislation allowing for student athletes to profit from their names, images, and likenesses. The legislation now allows athletes to make money off "endorsements, content on social media, sponsorship deals, signatures, and personal appearances." The 2 states joins 17 others that have passed similar laws. The NCAA is yet to issue its own rules on name, image, and likeness issues and how they impact amateur eligibility within collegiate sports.

https://dailyvoice.com/connecticut/brookfield/sports/ct-lawmakers-clear-way-for-college-athletes-to-sign-endorsement-deals/810506/

https://www.stltoday.com/sports/college/mizzou/matter-missouri-lawmakers-cut-through-the-nil-bull-for-a-bill-to-benefit-college-athletes/article_58d13da9-874a-5f5c-b32f-5d2f238d7524.html

Son of Bo Schembechler Says He Was Abused by Team Doctor at Michigan

About a month ago, the University of Michigan commissioned a report into Robert E. Anderson, a former team physician, who was accused of dozens of sexual assaults spanning his decades at the University. Once of his alleged victims was Matt Schembechler, the adopted son of Bo Schembechler, a legendary coach at the university who coached the Wolverine football program to 194 wins and 13 Big Ten Conference championships. In a recent interview, however, Matt Schemberchler recalled how he told his father of the abuse by Anderson and how the latter became irate, siding with the doctor so as not to cause a distraction to the football team. Bo Schemberchler, Dr. Anderson, and others involved in the affair have since died.

https://www.nytimes.com/2021/06/10/sports/ncaafootball/michigan-abuse-bo-schembechler.html?searchResultPosition=1

Brazil's Supreme Court Rejects Bids to Block Hosting of Copa America

"Last week, the South American Football Confederation unexpectedly relocated the [Copa America] tournament after Colombia was dropped because of civil unrest and Argentina withdrew after a surge in coronavirus infections." Opposition parties and the national metalworking industry labor union then filed a suit in Brazilian court requesting injunctions to prevent the tournament from being held in Brazil, citing coronavirus concerns. Justice Carmen Lucia denied the requests, opining that holding the tournament in the country would not exempt authorities from enforcing public health measures.

https://www.espn.com/soccer/copa-america/story/4405119/brazils-supreme-court-rejects-two-bids-to-block-hosting-of-copa-america

Premier League Clubs Who Plotted Super League Hit With Fine

In April, several English Premier League clubs, including Arsenal, Chelsea, Liverpool, Manchester City, Manchester United, and Tottenham Hotspur, announced that they, amongst others, were forming a 12-team Super League. After much public backlash, the 6 English clubs withdrew their involvement, effectively disbanding the league. As a result, as part of a settlement with the Premier League, the English clubs have agreed to pay a combined fee of £22 million. They also agreed that they would pay £25 million in individual club fines and would be deducted 30 points in the league if they decided to engage in a similar stunt in the future. In a companion move, UEFA's Appeals body has also suspended the probe it opened against Real Madrid, Barcelona, and Juventus that was initiated on May 25st, which looked into those clubs' participation in the Super League.

https://theathletic.com/news/premier-league-fine-punishment-esl/0GbCbufTUG04

https://www.reuters.com/article/uk-soccer-uefa-superleague-idINKCN2DL256

Technology/Media

Biden Revokes and Replaces Trump Order That Banned TikTok

In September 2020, the Trump administration issued an executive order that banned the operations of TikTok and WeChat, citing national security concerns. The order was immediately challenged in court. Last week, the Biden administration revoked the ban on the companies, instead replacing the order with one that will use a broader scope to assess the national security concerns of companies owned outside of the United States. The new blueprint will '"use a criteria-based decision framework and rigorous, evidence-based analysis"' to examine software applications designed, manufactured or developed by a "foreign adversary."'

https://www.nytimes.com/2021/06/09/us/politics/biden-tiktok-ban-trump.html?searchResultPosition=1

Senate Overwhelmingly Passes Bill to Bolster Competitiveness With China

In a move to bolster domestic production capacity, the Senate passed a bipartisan technology bill to reduce the country's dependence on China. The bill, which included support from 19 Republicans, was rooted in Coronavirus-related shutdowns that led to a shortage of a wide swath of critical products. The 2,400 page bill would provide hundreds of billions of dollars in emergency subsidies to semiconductor makers and would pump billions of dollars into scientific research, creating "grants and foster[ing] agreements between private companies and research universities to encourage breakthroughs in new technology."

https://www.nytimes.com/2021/06/08/us/politics/china-bill-passes.html?searchResultPosition=1

New York Times Requests Disclosure of Court Filings Seeking Reporters' Email Data and Gag Order

In January 2021, the Justice Department secretly seized the email records of 4 New York Times reporters in connection with concerns that news organizations, including the New York Times, CNN, and the Washington Post, were involved in prosecutor leaks in investigations. The seizure came as a result of a court order, which imposed a gag order on New York Times lawyers and executives, who were told of the matter in March, and prevented them from discussing the issue with others in the organization. Biden vowed to prevent the Justice Department from obtaining source information for reporters during his administration. The New York Times requested that the court unseal the legal filings by the Justice Department in connection with the case.

Similarly, a report indicates that prosecutors in the Justice Department during the Trump administration investigated the sources of leaks to the media that connected Trump associates with Russia. Around 2017 and 2018, prosecutors subpoenaed Apple for the accounts of Democratic leaders on the House Intelligence Committee, including Adam B. Schiff and Eric Swalwell of California. Similarly, the Justice Department secured a gag order on Apple that prevented internal or external discussions of the subpoena. In response, the Justice Department's independent inspector general has opened a formal investigation, and Senate Democrats are demanding that former attorneys general Jeff Sessions and William P. Barr testify before Congress.

https://www.nytimes.com/2021/06/08/us/politics/times-leak-investigation-seized-records.html?searchResultPosition=1

https://www.nytimes.com/2021/06/09/us/politics/cnn-reporter-emails-justice-department.html?searchResultPosition=1

https://www.nytimes.com/2021/06/10/us/politics/justice-department-leaks-trump-administration.html?searchResultPosition=1

https://www.nytimes.com/2021/06/11/us/politics/leaks-investigation-justice-department-trump.html?searchResultPosition=1

Google Seeks to Break Vicious Cycle of Online Slander

Those who are victims of revenge porn and slanderous content are also victims to a cottage industry where '"reputation managers"' charge the victims for the removal of content from search results. There is a way to do this for free, but search engines such as Google are inundated with such requests and are often untimely in addressing the issue. In response to a troubling report by the New York Times highlighting this issue, Google announced plans to change its algorithm to prevent certain sites from appearing on the list of results when users searches their names. Google also created a concept called "known victims", wherein it will suppress sites when victims report to the company that they have been attacked on sites that charge to take down the content.

https://www.nytimes.com/2021/06/10/technology/google-algorithm-known-victims.html?searchResultPosition=1

MoviePass Deceived Users So They Would Use It Less, According to the Federal Trade Commission

MoviePass began in 2011 and allowed its 3 million users unlimited movies in theaters for $9.95 a month. The company, however, was under investigation by the Federal Trade Commission (FTC) for nefarious activities that deceived its users and deliberately made using the service more difficult. The FTC report noted that "top MoviePass executives were not only aware of efforts to keep users from going to the movies, but led the execution of schemes they knew to be deceptive." The app also experienced a data breach in 2019, which divulged credit card numbers and personal and financial information of more than 28,000 users.

https://www.nytimes.com/2021/06/08/business/moviepass-settlement-ftc.html?searchResultPosition=1

U.S. Seizes Share of Ransom From Hackers in Colonial Pipeline Attack

In response to a ransomware hack that had disabled computer systems of Colonial Pipeline--an event that caused major fuel shortages from the Midwest to the East coast--the company paid $4 million in Bitcoin last month to get back online. The Justice Department recently announced that it had seized 63.7 Bitcoins back from the hackers (valued at roughly $2.3 million). "Federal investigators tracked the ransom as it moved through a maze of at least 23 different electronic accounts belonging to DarkSide, the hacking group, before landing in one that a federal judge allowed them to break into."

In similar news, the FBI is investigating a cyberattack on the New York City Law Department. It marks the most recent attack, which includes a meat processing plant, a police department in Washington D.C., and the above-mentioned pipeline, among others. Mayor Bill de Blasio said that none of the New York City Law Department's information has been comprised, but noted that the situation is still developing.

https://www.nytimes.com/2021/06/07/us/politics/pipeline-attack.html?searchResultPosition=1

https://www.nytimes.com/2021/06/07/nyregion/cyberattack-law-department-nyc.html?searchResultPosition=1

The Criminals Thought the Devices Were Secure. But the Seller Was the FBI

Last week, "global law enforcement officials revealed the unprecedented scope of the three-year operation, saying they had intercepted over 20 million messages in 45 languages, and arrested at least 800 people, most of them in the past two days, in more than a dozen countries." The operation, also known as "Trojan Shield", has allowed authorities to open investigations into drug trafficking rings, the trafficking of arms, and planned executions. Law enforcement controlled the entire encrypted network, which operated using a calculator app on black market cellphones that allowed criminals to send messages and photos.

https://www.nytimes.com/2021/06/08/world/australia/operation-trojan-horse-anom.html?searchResultPosition=1

Google to Pay $270 Million to Settle Antitrust Charges in France

French antitrust regulators argued that Google "used its position as the world's largest internet advertising company to hurt news publishers and other sellers of internet ads. Authorities said a service owned by the Silicon Valley giant and used by others to sell ads across the internet gave Google's business an advantage, undercutting competition." Google agreed to a settlement for $270 million. As part of the settlement, the company also agreed to stop giving preferential treatment for the use of its services and would provide for more transparency of its advertising system to coordinate better with other services.

https://www.nytimes.com/2021/06/07/technology/google-france-antitrust-ads.html?searchResultPosition=1

General News

Supreme Court Cases

Under the Military Selective Service Act, women are not required to register with the Selective Service System. Recently, however, Defense Secretary Ashton B. Carter noted that the Pentagon would open all Pentagon combat jobs to women. In response, there was a challenge to the Act that previously only allowed men to register. The Supreme Court declined to hear the challenge, citing deference to Congress with respect to issues of national defense and the military. In a petition for 2 men who were required to register with the Selective Service System, The American Civil Liberties Union argued that the unequal treatment "imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men's and women's capabilities."

In a separate case, the Supreme Court ruled unanimously in Sanchez v. Mayorkas, No. 20-315 that immigrants in the United States as a result of temporary, humanitarian reasons, such as natural disasters, are not allowed to apply for green cards if they entered the country illegally. In such cases, their temporary protected status prevents removal and allows them to work for as long as the temporary protected status lasts.

In Borden v. United States, the Court addressed the scope of the Armed Career Criminal Act, which imposes a 15-year sentence for individuals if they are convicted of possessing a firearm and they previously had been found guilty of 3 violent felonies. In a 5-4 ruling, the Court ruled that violent felonies committed recklessly do not count as a violent felony, and in the case of Borden, the 15-year sentence was inappropriate.

https://www.nytimes.com/2021/06/07/us/supreme-court-draft.html?searchResultPosition=1

https://www.nytimes.com/2021/06/07/us/politics/immigrants-green-cards-supreme-court.html?searchResultPosition=1

https://www.nytimes.com/2021/06/10/us/politics/supreme-court-mandatory-minimum-sentences.html?searchResultPosition=1

Manchin Vows to Block Democratic Voting Rights Bill and Preserve Filibuster

The For the People Act is a far-reaching federal bill that would combat voter suppression laws that have been passed in state legislatures that, amongst others, limited early voting and mail-in voting and provided poll watchers with more power. While this Act has been supported by every other Senate Democrat, Joe Manchin III, a Democrat from West Virginia, wrote in The Charleston Gazette-Mail that he would not vote for the For the People Act and would not end the filibuster, claiming that '"partisan voting legislation will destroy the already weakening binds of our democracy."' Instead, Senator Manchin said that he would support the passage of the John Lewis Voting Rights Advancement Act, which would implement federal oversight over changes to state voting laws that was stripped away by the Supreme Court in 2013.

Meanwhile, Arizona, one of the states that recently passed voter restriction laws, is undergoing a review of 2.1 million votes cast in Maricopa county regarding the 2020 presidential election. Despite the results being certified in the Arizona, the inquiry has encouraged other states, like Wisconsin and Pennsylvania, to promote their own plans for an investigation.

https://www.nytimes.com/2021/06/06/us/politics/joe-manchin-op-ed.html?searchResultPosition=1

https://www.nytimes.com/2021/06/07/us/arizona-recount-audit-republicans.html?searchResultPosition=1

Senate Report Details Security Failures in Jan. 6th Capitol Riot

A 127-page report by 2 Senate committees found that intelligence officials failed to adequately warn local law enforcement of plans made by Trump supporters prior to the January 6th insurrection. Similarly, law enforcement officials failed to take seriously threats of violence to them in the lead-up to the riot. The report also lays out fundamental failures of the Capitol Police unit to handle civil disturbances, including not being allowed to wear protective equipment at the beginning of their shifts and not being authorized to use their most powerful non-lethal weapons to quell the violence.

https://www.nytimes.com/2021/06/08/us/politics/capitol-riot-security.html?searchResultPosition=1

Senate Confirms First Biden Judges, Beginning Push to Rebalance Courts

In an effort to fill more than 100 vacancies on the federal bench, the Senate confirmed the nominations of Julien Xavier Neals as a district judge in New Jersey and Regina Rodriquez to serve on the Federal District Court bench in Colorado. By contrast, "Republicans led by Senator Mitch McConnell of Kentucky used their majority to help President Donald J. Trump confirm more than 220 federal judges over four years, including more than 50 to influential appeals court posts and three Supreme Court justices."

https://www.nytimes.com/2021/06/08/us/politics/federal-judges-biden.html?searchResultPosition=2

Biden Ends Infrastructure Talks With Republicans, Falling Short of a Deal

In a policy divide too large to overcome, the White House has scrapped its plans for an infrastructure bill. In an effort to compromise, the Biden administration lowered the total value of the bill from $2.3 trillion to $1 trillion in infrastructure spending, but Republicans were only willing to offer a quarter of the lower amount. The Biden administration has since asked Senate majority leader, Chuck Schumer, to start working on a new budget path, which would allow Democrats to use a process known as reconciliation to avoid a filibuster and pass the bill without Republican support.

https://www.nytimes.com/2021/06/08/us/politics/infrastructure-biden-republicans.html?searchResultPosition=1

Garland Pledges Renewed Efforts to Protect Voting Rights

Attorney General Merrick B. Garland "laid out an expansive plan on Friday for protecting voting rights, announcing that the Justice Department would double enforcement staff on the issue, scrutinize new state laws that seek to curb voter access and take action if it sees a violation of federal law." The news marks a stark change in policy from the previous administration, which did not file any case under the Voting Rights Act until May 2020 and shied away from voting rights enforcement.

https://www.nytimes.com/2021/06/11/us/politics/garland-justice-department-voting-laws.html?searchResultPosition=1

Democrats' Improbable New Federal Election Commission Strategy: More Deadlock Than Ever

Democrats are using the Federal Election Commission (FEC), whose bipartisan nature often results in 3-3 votes, to further stymie enforcement efforts. "First, the Democrats are declining to formally close some cases after the Republicans vote against enforcement. That leaves investigations officially sealed in secrecy and legal limbo. Then the Democrats are blocking the FEC from defending itself in court when advocates sue the commission for failing to do its job." Effectively, this allows other parties, like advocacy groups, to directly sue campaigns in federal court, where the judges' ruling is the final.

https://www.nytimes.com/2021/06/08/us/politics/fec-democrats-republicans.html?searchResultPosition=1

Eighty Years Later, Biden and Johnson Revise the Atlantic Charter for a New Era

As the G7 summit convenes, President Biden and British Prime Minister Boris Johnson signed a new version of the 80-year old "Atlantic Charter," which highlights "a grand vision for global relationships in the 21st century, just as the original, first drafted by Winston Churchill and Franklin D. Roosevelt, was a declaration of a Western commitment to democracy and territorial integrity just months before the United States entered World War II." The newest version focuses on climate change, '"emerging technologies,"' '"cyberspace"' and '"sustainable global development."'

https://www.nytimes.com/2021/06/10/world/europe/biden-johnson-atlantic-charter.html?searchResultPosition=1

Biden Administration to Restore Clean-Water Protections Ended by Trump

In a reversal of Trump-era policy, the Environmental Protection Agency (EPA) announced that it was reinstating protections that would increase the number of bodies of water that would be subject to the 1972 Clean Water Act. The Obama-era expansion of the 1972 act was previously eroded by the Trump administration, but Biden's EPA will be establishing a long-standing definition of "waters of the United States" within the act. Republicans criticized the move, saying that onerous cleanup demands would ultimately harm the much-needed farming community.

https://www.nytimes.com/2021/06/09/climate/biden-clean-water-wotus.html?searchResultPosition=1

The Keystone XL Pipeline Project Has Been Terminated.

TC Energy, the company behind the proposed Keystone XL pipeline, announced that it was terminating the project to build a 1,179-mile pipeline that would have carried 800,000 barrels a day of petroleum from Canada to Nebraska. Prior to the news, the Biden administration had previously rescinded the construction permit necessary for the implementation of the pipeline. Republicans opposed the move, arguing that losing the pipeline would cost thousands of potential good-paying jobs, while environmental groups applauded the action.

https://www.nytimes.com/2021/06/09/business/keystone-xl-pipeline-canceled.html?searchResultPosition=1

Biden Plans to Restore Alaskan Forest Protections Stripped Under Trump

The White House announced that it is repealing or replacing a Trump-era rule that opened 9 million acres of the Tongass National Forest in Alaska to logging and road construction projects. The Tongass has over "400 species of wildlife, fish and shellfish, including nesting bald eagles, moose and the world's highest concentration of black bears." The forest also stores millions of tons of carbon dioxide through its trees and soil absorption.

https://www.nytimes.com/2021/06/11/climate/tongass-biden-climate.html?searchResultPosition=1

As Warming Fuels Disasters, Relief Often Favors White People

According to federal data, the Federal Emergency Management Agency (FEMA), which is responsible for providing aid to Americans during natural disasters, shows that the agency often "helps white disaster victims more than people of color, even when the amount of damage is the same. Not only do individual white Americans often receive more aid from FEMA; so do the communities in which they live." FEMA is searching for reasons, which may stem from systemic issues such as the value of homes in differing neighborhoods or the lack of resources in communities to navigate the bureaucratic process needed to file claims.

https://www.nytimes.com/2021/06/07/climate/FEMA-race-climate.html?searchResultPosition=1

Medical Journals Blind to Racism as Health Crisis, Critics Say

On a recent podcast, Dr. Edward Livingston, an editor of medical journal JAMA suggested '"taking racism out of the conversation"' about societal inequities and said that '"structural racism is an unfortunate term to describe a very real problem."' Communities of color were held back not by racism, he said, but by socioeconomic factors and a lack of opportunity." Outcry from the comments prompted Dr. Livingston to resign and prompted an investigation by the American Medical Association, which oversees JAMA. A petition, which has been signed by more than 9,000 people, requested that the journal hire more people of color and to hold town hall conversations with patients of color.

https://www.nytimes.com/2021/06/02/health/jama-racism-bauchner.html?searchResultPosition=1

Wealthiest Executives Paid Little to Nothing in Federal Income Taxes, Report Says

In an report by ProPublica using Internal Revenue Service tax data, the news organization stated that the country's richest executives paid $13.6 billion in federal income taxes from 2014 to 2018, when their total net worth increased by $401 billion. The executives, whose wealth lie in homes, investments, shares of stock, and yachts, are not considered taxable income, and the tax code uses taxable income as a basis for taxes rather than total net worth. The Biden administration has proposed increasing the marginal tax rate for top earners from 37% to 39.6% and would reverse the Trump-era tax cuts from 2017. Economists note that this would be a modest change and some advocate for more aggressive measures, including a wealth tax. Additional beneficiaries of tax loopholes include leading private equity firms, whose army of lobbyists and complex structures provide avenues for lower tax burdens for the ultra-rich and could cost the United States $130 billion in unrecouped taxes over the next decade.

https://www.nytimes.com/2021/06/08/us/politics/income-taxes-bezos-musk-buffett.html?searchResultPosition=1

https://www.nytimes.com/2021/06/12/business/private-equity-taxes.html?searchResultPosition=1

Once a Bastion of Free Speech, the American Civil Liberties Union Faces an Identity Crisis

The American Civil Liberties Union (ACLU) was founded as a '"content-neutral defender of free speech"', irrespective of how offensive the speech and the identity of those speaking. The organization, however, now finds itself rife with internal divisions, who see the absolute defense of the right as a roadblock to progressive agendas in voting, reparations, transgender rights, and defunding the police, amongst others. Staffing within the organization also support this fundamental shift: "Since Mr. Trump's election, the A.C.L.U. budget has nearly tripled to more than $300 million as its corps of lawyers doubled. The same number of lawyers -- four -- specialize in free speech as a decade ago."

https://www.nytimes.com/2021/06/06/us/aclu-free-speech.html?searchResultPosition=1

Three Federal Drug Administration Advisers Resign Over Agency's Approval of Alzheimer's Drug

Three members of a committee advising the Federal Drug Administration (FDA) in its review of an Alzheimer's medication have resigned in protest. Their decisions stem from the FDA's approval of Aduhelm, a monthly intravenous drug that costs $56,000, stating that '"there's no good evidence that the drug works"' and was in contravention of the committee's overwhelming recommendation not to approve the drug due to clinical trial data. Beyond the underlying price tag, recipients will also need to receive recurring brain scans, as known side effects include brain swelling and bleeding, adding to the overall costs.

https://www.nytimes.com/2021/06/10/health/aduhelm-fda-resign-alzheimers.html?searchResultPosition=1

It's Hard to Sue Gun Makers. New York Is Set to Change That.

The Democratic-controlled New York State Legislature passed a bill that would allow for civil lawsuits against gun manufacturers and dealers, an opportunity not afforded under federal law. The bill is the "first of its kind in the nation to specifically classify the illegal or improper marketing or sale of guns as a nuisance -- a technical classification that state lawmakers say would open the gun industry to civil liability suits in New York."

https://www.nytimes.com/2021/06/08/nyregion/gun-manufacturers-lawsuit.html?searchResultPosition=1

State Senate Confirms Court of Appeals Nominees

The New York State Senate has confirmed the governor's nominations of Madeline Singas and Judge Anthony Cannataro. Cannataro is the second LGBTQ+ judge on the Court of Appeals. He has served as an administrative judge in the Civil Court of the City of New York since 2018. Singas previously served as chief assistant district attorney of Nassau County and assistant district attorney in the Queens County District Attorney's office.

https://nysba.org/state-senate-confirms-court-of-appeals-nominees/

Women's Prison Plagued by Sexual Violence Will Close, Governor Says

Governor Philip Murphy announced that Edna Mahan Correctional Facility, New Jersey's sole prison for women, will permanently close. Some are hailing the closure as an opportunity to lower the prison population of women, while others are reticent of the move, asking where the prisoners will go. The move was sparked by incidents where women were routinely sexually assaulted and a recent midnight raid in January that resulted in one woman being punched in the face 28 times.

https://www.nytimes.com/2021/06/07/nyregion/womens-prison-edna-mahan-closing-nj.html?searchResultPosition=1

Texas Attorney General Is Being Investigated by State Bar Association

After Biden won the 2020 presidential election, Attorney General Ken Paxton of Texas filed a lawsuit asking the Supreme Court to "extend a deadline for the certification of presidential electors, arguing that election irregularities in four other states -- Georgia, Michigan, Pennsylvania and Wisconsin -- warranted further investigation." The case was rejected. Subsequently, a former Houston Chronicle reporter filed a grievance with the Texas State Bar, stating that Paxton knew the lawsuit was frivolous. The Board of Disciplinary Appeals announced that the grievance illustrated several violations of the Texas Disciplinary Rules of Professional Misconduct and will now undergo a formal investigation into Paxton.

https://www.nytimes.com/2021/06/10/us/ken-paxton-texas-state-bar.html?searchResultPosition=1

Dartmouth Medical School Drops Online Cheating Cases Against Students

Earlier this year, "Dartmouth charged 17 students with cheating based on a review of certain online activity data on Canvas -- a popular learning management system where professors post assignments and students submit their work -- during remote exams." After quickly dropping 7 of the cases, the school has now done the same with the remaining matters. The decision by the medical school resulted in part to a news story that found that "students' devices could automatically generate Canvas activity data even when no one was using them."

https://www.nytimes.com/2021/06/10/technology/dartmouth-cheating-charges.html?searchResultPosition=1

U.N. Security Council Recommends António Guterres for a Second Term

The United Nations Security Council "recommended the re-election of António Guterres as secretary general, assuring a second term for the Portuguese statesman that will keep him in office until 2027." No other candidate received a formal endorsement needed to be recognized for consideration. Guterres came to the office in 2016 and previously led the United Nations refugee agency for 10 years.

https://www.nytimes.com/2021/06/08/world/americas/united-nations-secretary-general-antonio-guterres.html?searchResultPosition=1

With a Ban on Navalny's Group, Putin Sends Clear Message to Biden

In a recent order, a Russian court deemed the political movement of Aleksei A. Navalny, a noted political opponent to Vladimir Putin, as an extremist network. The ruling opens the door for those involved with the movement to face prosecution. Last year, Navalny was poisoned by Russian agents, and upon his return to Russia, was arrested. In the meantime, thousands of Russian protesters have been detained and political leaders have been jailed. The Kremlin has denied any involvement and points to the independence of the judiciary, which made its ruling, a fact that many contend is disingenuous, especially in politically-motivated cases.

https://www.nytimes.com/2021/06/09/world/europe/navalny-ban-putin-biden-summit.html?searchResultPosition=1

Ratko Mladic Loses Final Appeal in Genocide Conviction

In 2017, former Bosnian Serb general, Ratko Mladic, was convicted of genocide, crimes against humanity, and war crimes. That verdict was affirmed this week by the International Criminal Tribunal for the former Yugoslavia in The Hague. Based on events from 1995, Mladic was convicted of "attacking and murdering civilians during the 43-month siege on the Bosnian capital, Sarajevo. He was also found guilty of genocide for directing the notorious mass executions of 8,000 Muslim men and boys, after Mr. Mladic's forces overran the United Nations-protected enclave of Srebrenica."

https://www.nytimes.com/2021/06/08/world/europe/ratko-mladic-trial.html?searchResultPosition=1

Coronavirus

For Asian Americans Wary of Attacks, Reopening Is Not an Option

Even after many states have opened up and returned to relative normalcy, many Asian Americans remain in fear, not of getting sick but of getting attacked due to racial animus. What was previously a directive to stand 6 feet apart to slow the spread of the virus is now being repurposed in the Asian community to prevent unwanted attacks from strangers. Stop AAPI Hate, a coalition of organizations, reported that from March 2020 to March 2021, there were more than 6,600 attacks against Asian Americans and Pacific Islanders. and "while nearly three-fifths of white fourth graders are now back in class, just 18 percent of their Asian American peers have returned to in-person learning, according to federal surveys."

https://www.nytimes.com/2021/06/08/us/asian-american-attacks.html?searchResultPosition=2

FDA Tells Johnson & Johnson That 60 Million Vaccine Doses Cannot Be Used

The Food and Drug Administration announced that, due to a possible contamination at a Baltimore factory used to produce the Johnson & Johnson coronavirus vaccine, 60 million doses will go unused. The news comes after governments in Europe refused to administer the vaccine due to possible links to a rare clotting disorder. The federal government agreed to pay the manufacturer $200 million to produce the vaccine, but regulators have not cleared a single dose of the vaccine that had been produced by the factory.

https://www.nytimes.com/2021/06/11/us/politics/covid-vaccine-emergent-johnson-johnson.html?searchResultPosition=1

Biden to Send 500 Million Doses of Pfizer Vaccine to 100 Countries Over a Year

According to sources familiar with the plan, the Biden administration will purchase "500 million doses of the Pfizer-BioNTech vaccine and donate them among about 100 countries over the next year." The first 200 million doses are planned to be distributed by the end of 2021 with the remaining doses set to be distributed by this time next year and will be purchased at a '"not for profit"' price. The pledge adds to the plan to distribute "25 million doses this month to countries in the Caribbean and Latin America; South and Southeast Asia; Africa; and the Palestinian territories, Gaza and the West Bank."

https://www.nytimes.com/2021/06/09/us/politics/biden-pfizer-vaccine-doses.html?searchResultPosition=1

Goldman Sachs Requires its U.S. Employees to Report Their Vaccination Status.

Last week, Goldman Sachs distributed an internal memo requiring employees in the United States to inform the company whether or not they have been vaccinated. The news comes after the Equal Employment Opportunity Commission provided guidance that said that employers are allowed to ask for this information if they keep the medical records confidential.

https://www.nytimes.com/2021/06/10/business/goldman-sachs-vaccination-status.html?searchResultPosition=1

June 18, 2021

Sports News for the Week of June 18th

By Bennett Liebman

College Athlete NIL Education Pits Campus Faculty Against Consultants, https://www.sportico.com/leagues/college-sports/2021/college-athlete-nil-education-1234632076/

Hopes Fade for Imminent Federal Deal on College Athletes, Pressuring N.C.A.A, https://www.nytimes.com/2021/06/17/sports/ncaafootball/ncaa-federal-bill.html

NCAA Braces for New-Age Madness, https://www.lexology.com/library/detail.aspx?g=f2f22998-f8f5-4cec-af08-9ea8c74d1d37

College Athletes Get Ready to Score Some Serious Cash, https://www.bloomberg.com/news/articles/2021-06-18/college-athletes-get-ready-to-score-some-serious-cash

Bob Baffert Suspension Lawsuit New York Kentucky Derby, https://www.sportico.com/law/analysis/2021/bob-baffert-suspension-lawsuit-1234631928/ and complaint https://heitnerlegal.com/wp-content/uploads/Baffert-v-NYRA.pdf

Stockholder Derivative Suit v. Vincee McMahon, https://heitnerlegal.com/wp-content/uploads/Derivative-lawsuit-v-Vince-McMahon.pdf

Monitoring Effect Of Hormone Levels and Manchester City Women, https://www.forbes.com/sites/asifburhan/2021/06/17/manchester-city-women-collaborate-in-pioneering-research-monitoring-effect-of-hormone-levels/?utm_source=TWITTER&utm_medium=social&utm_content=4998679831&utm_campaign=sprinklrSportsMoneyTwitter&sh=7637edb7631b

The legal repercussions of Osaka's French Open withdrawal, https://www.sportbusiness.com/2021/06/catherine-forshaw-the-legal-repercussions-of-osakas-french-open-withdrawal/

Olympian's Failed Drug Test and a Burrito, https://www.wsj.com/articles/olympic-runner-failed-drug-test-burrito-shelby-houlihan-11623867500?mod=e2tws

NFL relocation legal battles still heating up, from Oakland to St. Louis, https://theathletic.com/2653376/2021/06/15/nfl-relocation-legal-battles-still-heating-up-from-oakland-to-st-louis/

NFL, Kroenke push again to toss lawsuit ahead of high-stakes trial, https://www.stltoday.com/news/local/crime-and-courts/nfl-kroenke-push-again-to-toss-lawsuit-ahead-of-high-stakes-trial/article_9e7ab85a-2ba1-5434-9ab5-822b7c6e7fc4.html

McLaren Investigating Two International Federation, http://aroundtherings.com/site/A__103710/Title__McLaren-Investigating-Two-International-Federations/292/Articles

Martins faces punishment for criticizing CONMEBOL's staging of Copa América, https://www.insidethegames.biz/articles/1109139/conmebol-copa-america-martins-covid-19

Herm Edwards under investigation for NCAA violations at Arizona State, https://sports.yahoo.com/herm-edwards-under-investigation-ncaa-212440844.html

NCAA investigation of ASU football: AD says, 'We're going forward', https://www.azcentral.com/story/news/local/arizona-investigations/2021/06/17/ncaa-investigation-asu-football-ad-ray-anderson-wont-stop-season/7731462002/

Jennings: Women are being left behind amid NIL Senate Committee hearings, https://theathletic.com/2655834/2021/06/17/jennings-women-are-being-left-behind-amid-nil-senate-committee-hearings-and-its-a-slap-in-face-of-title-ix/

Biden administration announces new protections for transgender students, https://www.politico.com/news/2021/06/17/biden-administration-title-ix-transgender-students-495049

Court Greenlights Settlement in Online Fantasy Sports Multidistrict Litigation, https://lawstreetmedia.com/tech/court-greenlights-settlement-in-online-fantasy-sports-multidistrict-litigation/, https://www.docketalarm.com/cases/Massachusetts_District_Court/1--16-md-02677/In_Re--_DAILY_FANTASY_SPORTS_LITIGATION/445/#q=party%3A+%28Media%29

New Texas Law Requires Pro Sports Teams To Play National Anthem, https://www.forbes.com/sites/joewalsh/2021/06/16/new-texas-law-requires-pro-sports-teams-to-play-national-anthem/?sh=2ab45ca593e7

The uncomfortable truths that global sports and multinationals share, https://www.swissinfo.ch/eng/the-uncomfortable-truths-that-global-sports-and-multinationals-share/46713830

Houston Astros Fraud Suit Against Comcast Over Sale Greenlighted, https://news.bloomberglaw.com/tech-and-telecom-law/houston-astros-fraud-suit-against-comcast-over-sale-greenlighted

Houston Astros Baseball Partners decision, https://www.courthousenews.com/wp-content/uploads/2021/06/houstonastros.pdf; https://www.courthousenews.com/houston-astros/

Theater News for the Week of June 18th

By Bennett Liebman

Proctors' hosting of rehearsals for 3 shows to become $20M windfall, https://www.timesunion.com/localarts/article/Proctors-hosting-of-rehearsals-for-3-shows-to-16246131.php

3 national tours launch in Buffalo, https://www.baynews9.com/fl/tampa/news/2021/06/14/3-national-tours-to-launch-at-shea-s-performing-arts-center-in-buffalo

Industry leaders launch project to provide rental assistance to theater workers, https://broadwaynews.com/2021/06/17/industry-leaders-launch-project-to-provide-rental-assistance-to-theater-workers/

Actors Fund re-elects Brian Stokes Mitchell, https://broadwaynews.com/2021/06/10/actors-fund-re-elects-brian-stokes-mitchell-appoints-two-new-board-members/

Stage Collaborators Take a Dip Together, With Healing in Mind, https://www.nytimes.com/2021/06/16/theater/the-watering-hole-lynn-nottage-signature.html?smtyp=cur&smid=tw-nyttheater

Running the Show From the Kitchen Table, https://www.nytimes.com/2021/06/11/theater/portland-center-stage-marissa-wolf.html?smid=tw-nyttheater&smtyp=cur

Harvey Fierstein Donates $2.5 Million for Public Library Theater Lab, https://www.nytimes.com/2021/06/15/arts/harvey-fierstein-nypl-theater-lab.html

Seeding by Ceding, https://mackenzie-scott.medium.com/seeding-by-ceding-ea6de642bf#pq=FCM5k2

With donations, billionaire MacKenzie Scott is good to Chicago arts, https://www.chicagotribune.com/entertainment/theater/chris-jones/ct-ent-billionaire-mackenzie-scott-donation-arts-20210617-vegykv2kgbeapllvgnkgbw2w2y-story.html

Less Than 1% Of Independent Venues Have Gotten Relief Funds, https://gothamist.com/arts-entertainment/less-1-independent-venues-have-gotten-save-our-stages-pandemic-relief-funds

Senators Demand 'Immediate Action' by SBA Over Save Our Stages Delay, https://variety.com/2021/music/news/senators-klobuchar-cornyn-sba-save-our-stages-1234996699/

Putting the Music in Musical Theater, https://www.harvardmagazine.com/2021/07/montage-zoe-sarnak

Broadway League, Actors' Equity reach agreement on touring COVID-19 protocols, https://broadwaynews.com/2021/06/14/broadway-league-actors-equity-reach-agreement-on-touring-covid-19-protocols/

Broadway Tour COVID Restrictions Set, Actors' Equity + Producers Set, https://www.backstage.com/magazine/article/equity-broadway-league-set-safety-protocols-73486/?utm_campaign=organic&utm_content=editorial%2Cindustry-news%2Clink%2Cproduction-still%2Ctalent&utm_medium=social&utm_source=twitter

A View from the Door: Institutional Dramaturgy, https://3viewstheater.com/a-view-from-the-door-institutional-dramaturgy

Can Theatre Learn From the NFL?, https://www.americantheatre.org/2021/06/11/play-for-play-can-theatre-learn-from-the-nfl/

Nominees Announced for the 2021 Jimmy Award, God, I Hope I Get It! https://www.broadway.com/buzz/200916/god-i-hope-i-get-it-nominees-announced-for-the-2021-jimmy-awards/

Why Lin-Manuel Miranda's 'In the Heights' faces criticism, https://www.latimes.com/entertainment-arts/story/2021-06-16/in-the-heights-criticism-colorism-full-coverage

In the Heights' colorism controversy: Why its light-skinned casting fails Latinx communities, https://slate.com/culture/2021/06/in-the-heights-colorism-latinx-controversy.html

Why acclaimed 'In the Heights' fell short at the box office, https://www.latimes.com/entertainment-arts/business/newsletter/2021-06-15/in-the-heights-box-office-the-wide-shot

Reopen Theatre? Why Not a Whole Neighborhood, https://www.americantheatre.org/2021/06/11/reopen-theatre-why-not-a-whole-neighborhood/

Proof we're in a golden age of American playwriting, Coming to an L.A. stage, https://www.latimes.com/entertainment-arts/story/2021-06-16/theater-reopening-branden-jacobs-jenkins-octoroon-fountain

Canada is slowly reopening, but is the live theater left behind, https://illinoisnewstoday.com/canada-is-slowly-reopening-but-is-the-live-theater-left-behind-3-insiders-participate/254015/

'Get this wrong, and we wipe out an entire sector', Producer Sonia Friedman, https://www.whatsonstage.com/london-theatre/news/producer-sonia-friedman-stage-lockdown-covid_54267.html

Drama school 'heartbroken' over student harassment claims, https://www.bbc.com/news/entertainment-arts-57314307

Lloyd Webber's Cinderella could go on despite lockdown extension, https://www.theguardian.com/culture/2021/jun/14/lloyd-webbers-cinderella-could-go-on-boris-johnson-hints

June 21, 2021

Week In Review

By Angela Peco
Edited by Elissa D. Hecker

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

Entertainment

Harvey Weinstein to be Extradited to Los Angeles to Face Rape Changes

A New York judge ruled that Weinstein can be transferred to California to face rape and sexual assault charges. Weinstein is serving a 23-year sentence in a New York prison.

https://www.nytimes.com/2021/06/15/nyregion/harvey-weinstein-extradited-california.html?searchResultPosition=1

Grammy Officials Oppose an Open Hearing on CEO's Ouster

The former chief executive of the Recording Academy is requesting an open arbitration hearing to publicly discuss her dismissal after five months on the job. The organization behind the Grammys had reportedly agreed to waive the confidentiality provision of the arbitration clause but explained that the provision covered the "disclosure of the existence, content or result of an arbitration" and that a full public hearing "would expose other confidential information and cause further emotional distress to witnesses."

https://www.nytimes.com/2021/06/14/arts/music/deborah-dugan-grammys-arbitration.html

Report Paints Bleak Picture of Diversity in the Music Industry

The Annenberg Inclusion Initiative found almost 20% of executives at major and independent music companies were from underrepresented racial and ethnic groups. Women made up around 35% of the total.

https://www.nytimes.com/2021/06/15/arts/music/music-industry-diversity-report.html

Nielsen Tool May Solve a Streaming Mystery

Nielsen, the company that measures television ratings, says that it has a new metric to allow it to compare streaming versus traditional cable numbers. While streaming has gained ground, Neilsen found that viewers still spend more time watching cable and network TV.

https://www.nytimes.com/2021/06/17/business/media/nielsen-streaming-metrics-netflix-youtube.html

Arts

Worried by Dirty Money, U.S. Examines the Secrecy of Art Sales

Lawmakers are looking at lifting the veil on art sales to improve oversight of the market and expose purchases that launder illicit proceeds.

https://www.nytimes.com/2021/06/19/arts/design/money-laundering-art-market.html?searchResultPosition=2

Design Basics v Kerstiens Homes & Designs

In a recent decision from the Seventh Circuit, the Court affirmed a grant of summary judgment for the defendant, finding that the plaintiff had only a thin copyright in its home floor plans and that it was an "intellectual property troll", trying to enforce copyright not to protect expression but to extract payment through litigation. Design Basics had a thin copyright, because its plans "consist largely of standard features found in homes across America."

https://mail.google.com/mail/u/0?ui=2&ik=edaa24804e&attid=0.1&permmsgid=msg-f:1702843556423721267&th=17a1b73148b2e133&view=att&disp=inline&realattid=17a1b72a0831bad354f1

https://law.justia.com/cases/federal/appellate-courts/ca7/18-3202/18-3202-2021-06-16.html

Justice Department Ends Criminal Inquiry and Lawsuit on John Bolton's Memoir

The Department of Justice dropped a lawsuit aimed at recouping profits from the book. The criminal investigation had focused on whether national security adviser John Bolton had illegally disclosed classified information in his memoir about his time in the Trump White House.

https://www.nytimes.com/2021/06/16/us/politics/john-bolton-book-justice-department.html

Study Finds That Control of New York's Stages Remains in White Hands

A study by the Asian American Performers Action Coalition found that 100% of artistic directors and 88% of board members at 18 major nonprofit theaters were white. 94% of Broadway producers and 100% of general managers were white. The study's findings extended to the makeup of acting and creative teams and illustrated the lack of diversity within the theatre industry.

https://www.nytimes.com/2021/06/18/theater/aapac-theater-diversity-study.html?searchResultPosition=1

Actors' Union and Procedures Aim to Resume Touring Shows

Broadway producers and the union representing stage actors reached an agreement on health protocols that would require members of a travelling company to be fully vaccinated and have no interaction with audience members, among other conditions.

https://www.nytimes.com/2021/06/14/theater/touring-shows-reopening-agreement.html

Victoria's Secret Attempting Brand Turnaround

The fashion company brought on board seven women to try to change its image after drawing criticism for its "misogynistic corporate culture that trafficked in sexism, sizeism and ageism."

https://www.nytimes.com/2021/06/16/business/victorias-secret-collective-megan-rapinoe.html

Officials Remove Tile Viewed as Offensive from Museum-Sponsored Mural

The tile appeared in a mural sponsored by the Detroit Institute of Arts. It depicted a skull logo from a Marvel comic book character and elements of the "Thin Blue Line" flag intended to honor police officers. Officials of the Detroit suburb where the mural was installed said that the tile "contained imagery that some associate with a rebuke of racial justice."

https://www.nytimes.com/2021/06/10/arts/design/detroit-institute-of-arts-tile.html

Racist Mural Puts Tate Galleries in a Bind

Activists are calling for the removal of problematic sections of a work painted on Tate Britain's walls. The mural lines the walls of a restaurant and contains racist and violent imagery showing a "white woman dragging a struggling Black boy by a rope" and the boy tethered by a collar around his neck, running to keep up with a horse-drawn cart in another. The museum says that it cannot alter the mural, since it is an artwork in its care and the building is protected under British heritage laws.

https://www.nytimes.com/2021/06/11/arts/design/tate-mural-rex-whistler-racism.html

Sports

Trainer Bob Baffert Sues New York Racing Over Ban from Entering Horses at Three Tracks

Baffert sued the New York Racing Association for banning him from competition, arguing that the ban will effectively put him out of business in New York State. Baffert was barred from the State's racetracks after his Kentucky Derby winner failed two post-race drug tests. Baffert will appear before racing officials, whose decision he can appeal to the full commission, before there is an outcome on whether he'll be disqualified.

https://www.nytimes.com/2021/06/14/sports/horse-racing/baffert-sues-new-york-racing-association.html

Olympic Runner Shelby Houlihan Found Guilty of Anti-Doping Rule Violation by Court of Arbitration for Sport

A panel of the Court of Arbitration for Sport (CAS) banned the U.S. runner for four years starting January 14, 2021. Houlihan tested positive for nandrolone, an anabolic steroid. The panel unanimously found that Houlihan failed to establish the source of the prohibited substance, which she argued was the result of ingesting a tainted burrito.

https://www.cbc.ca/sports/olympics/summer/trackandfield/shelby-houlihan-runner-ban-sport-court-1.6066797

https://www.tas-cas.org/fileadmin/user_upload/CAS_Media_Release_7977.pdf

Olivia Moultrie Wins Preliminary Injunction in Fight Against Soccer League's Age Rule

A judge granted the 15-year-old a preliminary injunction in her antitrust lawsuit against the National Women's Soccer League (NWSL). Moultrie is challenging NWSL's rule requiring players to be at least 18 years old to sign a contract. The injunction prohibits NWSL from enforcing the age rule and Moultrie will be eligible to play once she signs a contract with the league.

https://theathletic.com/news/olivia-moultrie-wins-preliminary-injunction-in-fight-against-nwsls-age-rule/qfcnsLgl3BrV

Hope Fades for Federal Deal on College Athletes

While a number of name, image, and likeness (NIL) state laws take effect July 1st, it is becoming increasingly unlikely that Congress will pass federal legislation on college sports. A recent Senate hearing further highlighted the rift between Democrats and Republicans on student-athlete rights, with some senators supporting the ability of college athletes to earn money while in school but also pushing to expand the scope of the bill to ensure athletes' rights to health care, for example.

https://www.spokesman.com/stories/2021/jun/17/senate-hearing-highlights-rift-between-democrats-r/

https://www.nytimes.com/2021/06/17/sports/ncaafootball/ncaa-federal-bill.html?searchResultPosition=1

Agent Scott Boras Wants More Transparency from Major League Baseball on Substance Rules

Baseball agent Scott Boras is demanding answers from Major League Baseball (MLB) commissioner Rob Manfred over the enforcement of a rule that says pitchers can no longer use a foreign substance, like rosin or pine tar, to assist their grip. Players caught violating the policy will automatically receive a 10-game suspension. Boras is calling on MLB to certify a gripping agent/substance and provide guidance to MLB umpires in enforcing the new rule.

https://www.usatoday.com/story/sports/mlb/2021/06/16/scott-boras-blasts-mlb-commissioner-rob-manfred-illegal-substance-rule/7720589002/

https://www.mlbtraderumors.com/2021/06/latest-reaction-to-mlbs-foreign-substance-rule-enforcement.html

Notion in Sport Grows that Nike is Curtailing Its Financial Supports

As track and field athletes observe "a series of cancelled or reduced sponsorship agreements, executive shuffling and internal responses to scandals," many are left wondering where the sport stands with Nike. Though it isn't clear if the moves are connected with a broader strategy, agents, athletes, and executives say that the company's enthusiasm for track and field is waning.

https://www.nytimes.com/2021/06/18/sports/nike-track-field-olympic-trials-future.html?searchResultPosition=1

Long Overlooked, Wyomia Tyus's Gesture at the 1968 Olympics Is Part of Rich History of Athlete Protest

The article describes a video of Tyus's brief dance before her 100-meter sprint in Mexico City as "part of Olympic lore," also drawing attention to the dark-colored shorts she wore "distinct from the official white shorts" of her two American teammates. Tyus speaks to The New York Times about what her move meant at the time, shedding light on another example of sporting activism by a Black female athlete.

https://www.nytimes.com/2021/06/17/sports/olympics/wyomia-tyus-athlete-protests-racism.html?searchResultPosition=1

NASCAR Exploring the Idea of an All-Electric Racing Series

NASCAR is said to be considering an all-electric companion series in the future, with some form of hybrid technology/alternative power model being introduced in the next couple of years.

https://www.cbssports.com/nascar/news/nascar-is-exploring-the-idea-of-an-all-electric-racing-series-per-report/

Utah High School Issues Apology After Girl with Disability is Left Out of Cheer Squad Yearbook Photo

The school's cheerleaders had taken two nearly identical photos, using only the one without the student with disabilities on its yearbook and social media accounts.

https://www.nytimes.com/2021/06/16/us/cheerleader-down-syndrome.html

European Soccer's Governing Body Reminds Teams of Sponsorship Obligations After Ronaldo Coca-Cola Case

UEFA has reminded teams of their contractual obligations towards tournament sponsors following a press conference in which Portugal forward Cristiano Ronaldo removed two Coke bottles from the podium and held up a bottle of water and said "Agua". France's Paul Pogba also removed a Heineken beer bottle from his press table a day later. UEFA has not taken any disciplinary action against the players and an executive distinguished between the two situations, saying that there was an understanding that some players could take action for religious reasons (like Pogba).

https://www.reuters.com/lifestyle/sports/uefa-reminds-teams-sponsorship-obligations-after-ronaldo-case-2021-06-17/

Naomi Osaka and Rafael Nadal Withdraw from Wimbledon

Osaka will be taking personal time off but will play in the Tokyo Olympics. Nadal will skip both to allow time for his body to recover.

https://www.nytimes.com/2021/06/17/sports/tennis/naomi-osaka-withdraws-wimbledon-olympics.html

https://www.nytimes.com/2021/06/17/sports/tennis/rafael-nadal-wimbledon-olympics.html

Crisis of Abuse Grows in International Women's Sports

The sexual abuse scandal in Mali basketball is yet another example of how sports organizations "are failing to curb the mistreatment of women," often at the hands of the officials and coaches that are supposed to protect them.

https://www.nytimes.com/2021/06/16/sports/olympics/how-much-is-a-little-girl-worth.html

International Basketball Federation (FIBA) Chief Steps Aside Amid Claims He Ignored Abuse

Hamane Niang, the president of basketball's world governing body, has stepped aside "during an investigation into alleged systemic sexual abuse of women players at his home federation" in Mali, which he led from 1999 to 2007. He denies the allegations. Reports of the investigation say that around 12 coaches and officials are implicated and over 100 players impacted.

https://www.sportsnet.ca/basketball/article/fiba-head-steps-aside-amid-inquiry-sexual-abuse-women-players-mali/

Inside the Exhausting World of E-Sports in South Korea

The article describes the extent to which thousands of young South Koreans go to compete in pro e-sports teams. Those wanting to pursue professional gaming careers attend classes at e-sports academies, which serve as their training grounds.

https://www.nytimes.com/2021/06/19/world/asia/south-korea-esports.html?searchResultPosition=1

Technology/Media

Consumer Groups Support Amendment to Journalism Competition and Preservation Act

A number of consumer advocacy groups, including Public Knowledge, have submitted a letter to the Senate's antitrust subcommittee, supporting an amendment to the Journalism Competition and Preservation Act. The letter raises concerns a bill that would give journalism outlets limited antitrust immunity to team up to bargain with big tech companies could implicitly extend copyright protection to links and headlines.

https://mail.google.com/mail/u/0?ui=2&ik=edaa24804e&attid=0.1&permmsgid=msg-f:1702928977490226024&th=17a204e1ed062b68&view=att&disp=inline&realattid=17a204dc6aac1df174a1

Apple Turned Over Data on Donald McGahn to Justice Department

The Justice Department subpoenaed Apple for Donald McGahn's account information three years ago. McGahn was Trump's White House counsel at the time. Apple notified McGahn of the subpoena last month and had been barred from telling him about it at the time.

https://www.nytimes.com/2021/06/13/us/politics/justice-department-apple-donald-mcgahn.html

Justice Department Will Toughen Rules for Seizing Lawmakers' Data

Attorney General Garland announced the Justice Department will "tighten its rules for when law enforcement officials may seize information about members of Congress and their aides," "amid a backlash to the disclosure of a 2018 subpoena" that forced Apple to disclose account data of Democratic lawmakers and staff.

https://www.nytimes.com/2021/06/14/us/politics/leak-investigations-justice-department.html

The New Yorker Union Reaches Deal with Conde Nast After Threatening to Strike

The parent company agreed to a minimum salary of $60,000 by April 2023. It covers employees at three publications, including The New Yorker and Pitchfork.

https://www.nytimes.com/2021/06/16/business/media/conde-nast-new-yorker-union-deal.html

Hong Kong Police Arrest Pro-Democracy Paper Executives

Police arrested the top editors of Apple Daily and froze its assets in the latest media crackdown under the national security law imposed last year by Beijing.

https://www.nytimes.com/2021/06/16/world/asia/hong-kong-apple-daily.html

Slovenia's Prime Minister Takes Aim at Media

The article describes Jansa's early reliance on platforms like Twitter and, more broadly, his government's attitude toward the press. The government recently suspended funding for the country's principal provider of local and national news.

https://www.nytimes.com/2021/06/16/world/europe/slovenia-jansa-press-freedom-twitter.html

Nicaragua Denies Entry to New York Times Journalist

The move came amid a nationwide crackdown on journalists, dissidents, and civil society groups in the lead-up to the general elections on November 7th. The journalist worked with the newspaper's Mexico City bureau and had his airline ticket cancelled by Nicaraguan authorities.

https://www.nytimes.com/2021/06/17/world/americas/nicaragua-ortega-press-crackdown.html

Zimbabwe Releases Local Reporter Working for the New York Times

The government did not oppose bail for a freelance journalist arrested on charges that he "improperly helped two Times journalists make a reporting trip to the country."

https://www.nytimes.com/2021/06/16/world/africa/zimbabwe-jeffrey-moyo-reporter-released.html

General News

Supreme Court Upholds Obamacare

In a 7-2 vote, the Supreme Court upheld the Affordable Care Act, concluding that the 18 states and two individuals who brought the case "had not suffered the sort of direct injury that gave them standing to sue." The challengers argued that without the penalty for failing to obtain coverage (which was part of the original law but was eliminated in 2017), the individual mandate could no longer be justified as a tax. The majority decision focused on the issue of standing, finding that the individuals suffered no harm from a toothless provision that urged them to obtain health insurance. The Court sidestepped the larger question of whether the law could stand without the penalty.

https://www.nytimes.com/2021/06/17/us/obamacare-supreme-court.html

Supreme Court Rejects Sentence Reductions for Minor Crack Offenses

In a unanimous decision, the Supreme Court ruled that the First Step Act, the 2018 criminal justice reform law, did not require new sentences for low-level drug offenders. Central to the discussion was a 1986 law that had subjected drug dealers selling crack cocaine to the same sentences as those selling 100 times as much powder cocaine. In her concurring decision, Justice Sotomayor acknowledged the sentencing disparity between crack and powder cocaine and the disproportionate impact it had on Black offenders.

At issue in this case was whether the petitioner, convicted of a specific crack-related offense in 2008, could benefit from the application of the First Step Act, which made some prisoners eligible for reduced sentences and made other 2010 sentencing changes retroactive. The decision clarified that a crack offender is eligible for a sentence reduction under the First Step Act only if convicted of an offense that triggered a mandatory minimum sentence. The petitioner was not entitled to relief.

https://www.supremecourt.gov/opinions/20pdf/20-5904_i4dk.pdf

https://www.nytimes.com/2021/06/14/us/supreme-court-crack-sentences.html

Supreme Court Supports Catholic Agency in Case on Gay Rights and Foster Care

The unanimous ruling focused on the terms of Philadelphia's contract with foster care agencies, finding that the contract allows city officials to make exceptions. The exception in this case was available for (and ultimately favorable toward) a Catholic social services agency that refused to place children in foster homes of same-sex couples.

https://www.nytimes.com/2021/06/17/us/supreme-court-gay-rights-foster-care.html

Supreme Court Limits Human Rights Suits Against U.S. Corporations

The Supreme Court ruled in favor of two American corporations that had been sued by six citizens of Mali who accused the companies of complicity in child slavery and of profiting from the practice of forced child labor. The majority decision noted that the companies' activities (namely, buying cocoa from the Ivory Coast farms, providing them with technical and financial resources but not operating them) were not sufficiently tied to the asserted abuses.

https://www.nytimes.com/2021/06/17/us/supreme-court-human-rights-nestle.html

President Biden's First Two Judicial Picks Are Confirmed with Modest Republican Support

Julien Xavier Neals and Regina Rodriguez were confirmed as district court judges in New Jersey and Colorado, respectively. Both had modest Republican support.

https://www.nytimes.com/2021/06/08/us/Senate-confirms-Biden-judges.html

Federal Judge Blocks Biden's Pause of New Gas Leases">Federal Judge Blocks Biden's Pause of New Gas Leases

A federal judge in Louisiana blocked the Biden administration's suspension of new oil and gas leases on federal lands. In granting the
preliminary injunction, Judge Doughty said that the power to pause offshore oil and gas leases "lies solely with Congress" as the legislative branch that originally made federal lands available for leasing.

https://www.nytimes.com/2021/06/15/climate/biden-drilling-federal-land.html

Department of Education Says That Title IX Protections Extend to Transgender Students

In a reversal of a Trump-era position, the department said that discrimination against transgender students is prohibited under the law. The decision is "rooted in a Supreme Court ruling ... that determined that protections in the Civil Rights Act against discrimination in the workplace extended to gay and transgender people."

https://www.nytimes.com/2021/06/16/us/politics/title-ix-transgender-students.html

Biden Signs Bill Making Juneteenth a Federal Holiday

June 19th marks the national day to commemorate the end of slavery in the United States. Juneteenth remembers the day when General Granger informed enslaved African-Americans in Galveston, Texas of their freedom.

https://www.nytimes.com/2021/06/17/us/politics/juneteenth-holiday-biden.html

https://www.nytimes.com/article/juneteenth-day-celebration.html

White House Unveils Strategy to Combat Domestic Extremism

Shifting focus from foreign terrorism, the plan outlines steps to hire more intelligence analysists, screen government employees for ties to hate groups, improve information-sharing among law enforcement agencies, and investigate long-standing drivers of domestic terrorism.

https://www.nytimes.com/2021/06/15/us/politics/biden-domestic-terrorism-extremists.html

U.S. Ends Policy Limiting Asylum for Survivors of Violence or Abuse

Marking a break with the previous administration, the Justice Department will permit asylum applications from those with credible fears of domestic abuse or gang violence, impacting tens of thousands of cases moving through immigration courts.

https://www.nytimes.com/2021/06/16/us/politics/asylum-domestic-abuse-gang-violence.html

Biden and Putin Joust Even as They Seek to Ease Relations

The article describes President Biden's efforts to forge a working relationship with the Russian leader.

https://www.nytimes.com/2021/06/16/us/politics/biden-putin.html

Republican Bills Rattle Disabled Voters

Disabled voters are concerned that recent bills proposing restrictions on voting methods and accommodations will disproportionately impact them and undermine their ability to vote. As an example, a Texas bill that Republicans plan to revive in a special session, allows poll watchers to record videos of voters. Disability rights advocates say that poll watchers will misinterpret legal accommodations as fraud.

https://www.nytimes.com/2021/06/14/us/politics/disability-voting-rights.html

Trump Pressed Justice Department on False Election Claims

Emails indicate that Trump pressured acting attorney general Rod Rosenstein to back claims of election fraud that had already been thrown out in court.

https://www.nytimes.com/2021/06/15/us/politics/trump-justice-department-election.html

Couple Pleads Guilty to Misdemeanor Charge in Capitol Attack

The convictions will reveal possible sentencing ranges for groups of defendants charged with offenses stemming from the January 6th Capitol riot.

https://www.nytimes.com/2021/06/14/us/politics/capitol-riot-investigation-sentencings.html

Albany Session Ends with Challenge to Governor Cuomo

The New York State Legislature passed several progressive initiatives (gun laws, absentee voting, and criminal justice reform), but lawmakers clashed with Governor Cuomo over his "proposal to restructure the leadership of the Metropolitan Transportation Authority," with no agreement reached on the issue.

https://www.nytimes.com/2021/06/14/nyregion/cuomo-legislature-albany.html

Colorado Baker Fined for Refusing to Make Cake for Transgender Woman

A state judge found that the baker's refusal to create a cake that symbolized a woman's transition violated the Colorado Anti-Discrimination Act. He was fined $500 for the violation. During the trial, Jack Phillips argued that "his Christian beliefs prevented him for creating custom cakes that would 'violate his religious convictions.'"

https://www.nytimes.com/2021/06/18/us/wedding-cake-colorado-jack-phillips.html

Missouri the Latest State to Limit Reach of Federal Gun Laws

A new law "threatens a penalty of $50,000 against any local police agency that enforces certain federal gun laws and regulations," which the state considers infringements of Second Amendment rights.

https://www.nytimes.com/2021/06/18/us/missouri-federal-gun-laws.html

How New York City's Law Department Got Hacked

Hackers used a single employee's login credentials to hack into the Law Department's network, disrupting court proceedings in the process. Multifactor authentication had not been enabled, even though the City began requiring it over two years ago. Officials have not determined the full scope of the attack.

https://www.nytimes.com/2021/06/18/nyregion/nyc-law-department-hack.html

Scholarly Groups Condemn Laws Limiting Teaching on Race

After several states introduced legislation restricting lessons on racism, a coalition of scholarly and educational groups are calling the laws "an infringement on the right of faculty to teach and of students to learn and a broader threat to civic life."

https://www.nytimes.com/2021/06/16/arts/critical-race-theory-scholars.html

Women and Minorities Underrepresented in Corporate Boardrooms

A multiyear analysis of Fortune 100 and 500 companies has found that little has changed in corporate boardrooms, which continue to be predominantly male and white.

https://www.nytimes.com/2021/06/07/us/women-minorities-underrepresented-corporate-boardrooms.html?searchResultPosition=1

G7 Nations Take Aggressive Climate Action but Hold Back on Coal

G7 leaders failed to set an end date on burning coal, a primary contribution to global warming. They did agree that there would be no international funding for coal projects that "lacked technology to capture and store carbon dioxide emissions" by next year.

https://www.nytimes.com/2021/06/13/us/politics/G7-climate-Biden.html

United Nations General Assembly Demands That Myanmar Junta End Coup

In a resolution adopted by the General Assembly, the United Nations body condemned the February coup in Myanmar, emphasized the need to stop the crackdown on opponents, and requested unimpeded humanitarian access.

https://www.nytimes.com/2021/06/18/world/asia/un-myanmar-coup-condemned.html

Three Chinese Astronauts Take Up Posts on Spacecraft

They successfully arrived at China's space station, one of the two populated outposts in orbit and an expected rival to the International Space Station.

https://www.nytimes.com/2021/06/17/world/asia/china-space.html

Coronavirus Update

New York and California Lift Most Coronavirus Restrictions

The announcements came after both states reported that over 70% of their adult populations have received one dose of the vaccine.

https://www.nytimes.com/2021/06/15/nyregion/coronavirus-restrictions.html

Vaccine Maker Earned Record Profits Despite Millions on Contaminated Doses

Emergent BioSolutions was "awarded a $628 million federal contract with no competitive bidding" and its top executives were rewarded handsomely "while factories sat mostly idle and tens of millions of Covid-19 doses were thrown away."

https://www.nytimes.com/2021/06/16/us/emergent-biosolutions-covid-vaccine.html?searchResultPosition=1

As Pandemic Recedes, Calls Grow for an Investigative Commission

While bills to create a bipartisan panel have been introduced in both houses of Congress, a leader of the September 11th Commission believes that a nonpartisan effort would have more success in examining the pandemic, including the origins of the virus.

https://www.nytimes.com/2021/06/16/us/politics/coronavirus-investigative-commission.html

Should I register my script at the WGA or the Copyright Office? Why?

By Marc Jacobson, Esq.

I am asked this question all the time. My answer is registration at the Copyright Office is much better, and significantly more valuable. With apologies to my friends and colleagues who work at the WGA, I wouldn't bother registering at the WGA East or West, but I would take the time to file a claim to copyright in the Copyright Office. Here's why:

First, the script you seek to register is the culmination of hours and hours of research, writing, revising, listening, and otherwise creating a valuable story. Aside from confirming that the story has a beginning, a middle and an end, that the characters evolve, and the reader or viewer will care about the characters, the script needs to be protected from those who might take it from you without permission. Given the investment made in creating the script itself, a proper final investment in protecting it, and providing the means to bring infringers to justice is important.

Registering at the WGAE, WGAW or Copyright Office will not prevent someone stealing all or part of your work. Just as locking the doors and windows to your car when parking on the street does not guarantee that the car will not be stolen, it is the reasonable thing to do to protect your car. Registering your work with the Copyright Office and including proper copyright notice on your work is the most you can do to protect your work if it is stolen.

The differences between the WGA registration and copyright registration are many.

Duration

  • Registration at the WGA must be renewed every five years. If you don't renew your registration at the five-year mark, the copy held by the Guild will be destroyed, and then the Guild will not be able to submit your work as evidence in any Guild-related or legal proceeding. https://www.wgawregistry.org/regfaqs.aspx#quest26
  • Copyright registration lasts for the life of the author(s) plus 70 years. If your script is unpublished, then the copyright office will retain the work for 120 years. If the script is published, the work will be retained for 20 years. For an extra fee, the Copyright Office will keep published works for the full term of copyright. https://www.copyright.gov/circs/circ04.pdf

Fees

  • The fee for a non-WGA member to register a work at the WGA is $25. A WGA member can register a work for $10. Renewals are required every five years. Only electronic filings are allowed, no paper filings are permitted.
  • In the Copyright Office, the fee to register a claim to copyright electronically is $45 if the work is by a single author, the copyright claimant is the same as the author, the work was not created as a work for hire, and the claim is for one work. If any one of those qualifications are not satisfied, such as there are two authors, the fee for registering electronically is $65. Paper filings are permitted, but the fee is $125.

Legal Effect

  • At the WGA, they state that registration would "potentially discourage others from using your work without your permission. ... the Registry... can produce the registered material as well as confirm the date of registration. Registering your work creates legal evidence for the material that establishes a date for the material's existence..." (Emphasis added.)
  • In the Copyright Office, the date a properly completed application is received by the Copyright Office, along with the appropriate fee is the effective date of registration. Receipt of the certificate will happen in about four to six months. Certainly, the effective date of registration will establish the existence of the script on that date.

Filing a claim for infringement

  • If your work is infringed, and you have a WGA registration, you must still file a claim to copyright before bringing a suit against the infringer. While for many years there was an open question whether simply completing the application and filing suit after the application was completed, but before the certificate was issued would be sufficient, the U.S. Supreme Court cleared that up in 2019. The Supreme Court held that the registration certificate must be in hand before commencing the suit. Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 586 US ___ (2019) (Docket No. 17-571).
  • If your work is infringed, and you have a copyright registration certificate in hand, you are holding the keys to the courthouse, and an infringement case may be brought. 17 USC §411(a). However, if you elect not to file suit in federal court, and instead elect to sue in the Copyright Claims Board (CCB), you need not have a registration certificate in hand. Instead, the CCB will hear your case based upon a completed application. In either event, the CCB can award damages of up to $30,000, for actual or statutory damages, while a federal court can award an unlimited amount for actual damages, and up to $150,000 per infringement for willful statutory damages. If you do not register your work within 90 days of its authorized publication, the maximum damage award available under the CCB is limited to $7,500. The CCB is expected to begin working on December 27, 2021. https://www.copyright.gov/about/small-claims/faq.html

Effect on Credit

  • Under the WGA Basic Agreement, if an employer engages a WGA member to write one of the drafts of a screenplay, all writers of all drafts of the screenplay are subject to the Credit Arbitration rules of the WGA, even if one or more such writers are not a WGA member. When the picture is completed, a notice of tentative writing credits must be circulated by the producer to all the writers. If there is an objection to the proposed credits, the Guild will determine all the writing credits to be issued on a picture. The WGA acknowledges that registration generally does not help in determining writing credit. "However, if there is a dispute as to authorship or sequencing of material by date, then registration may be relevant." https://www.wgawregistry.org/regfaqs.aspx#quest17
  • If the only effect that WGA registration has on credit is clarifying the date a particular version existed, then copyright registration does the same thing. If a writer was engaged by a producer to create a screenplay, whether an original, revised, or polished screenplay, it would be very unusual for that screenplay to be anything other than a work made for hire, and the date of delivery of that version of the script would be clear.

Proper Notice

  • The WGA Basic Agreement, Article 37, provides for the content of a cover page, with multiple writers, to include:
  • Name of project By (Name of first writer) (Based on, if any) Revisions by (Names of subsequent writers, in order of work performed) Current revisions by (Current writer, date) Name, address, and telephone number of Company, if applicable.
  • The Copyright Act does not require that a work of original authorship include a copyright notice, but including a proper copyright notice may deter an infringer from stealing the work. It is unlawful to remove a notice with intent to facilitate infringement. The presence of the notice will also remove an infringer's defense of "innocent infringement" because the infringer was not aware of the owner's claim to copyright. 17 USC §401(b). An innocent infringer may not be subject to statutory damages, if found to infringe.
  • A proper copyright notice has three elements. First, the C in a circle symbol ©, or the word Copyright or the abbreviation Copr. is one element of the notice. The second element is the year of creation or publication, and third the name of the copyright owner. 17 USC §401 (b). The notice must be placed in a location on the work to give "reasonable notice of the claim to copyright." 17 USC §401 (c). By simply adding a proper notice below the name address and telephone number of the Company, significant protections are created for the owner. A sample notice appears at the end of this blog post.

Surely, registration at the WGA is cheaper, but it is far less valuable, and merely establishes the existence of the work on a particular date. The same thing will be established with a copyright registration certificate, and that certificate will be the keys to the courthouse in the unlikely and unfortunate event you think your script is infringed.
__________________
Marc Jacobson is an entertainment attorney in New York NY. He is admitted to practice in NY, CA and FL, is the founding chairman of the NYS Bar Association Section on Entertainment, Arts and Sports Law, and is listed in Best Lawyers in the USA, Chambers USA, and SuperLawyers.
© 2021 Marc Jacobson.

June 26, 2021

Sports News for the Week of June 25th

By Bennett Liebman

Supreme Court opinion in NCAA athletes case, https://www.cnn.com/2021/06/21/politics/read-supreme-court-ncaa-case/index.html

Supreme Court Rules Against NCAA Regarding Student-Athlete Education Benefits, https://www.jdsupra.com/legalnews/supreme-court-rules-against-ncaa-1882183/

Supreme Court Ruling Alston and Name Image And Likeness State Laws, https://www.sportico.com/law/analysis/2021/supreme-court-ruling-alston-1234632592/

The Hottest Recruiting Pitch in College Sports, https://www.wsj.com/articles/ncaa-college-sports-name-image-likiness-nebraska-11624499101

The NCAA Is Not Above The Law, https://abovethelaw.com/2021/06/the-ncaa-is-not-above-the-law/

The unequal path to elite athletic pursuits, https://thehill.com/opinion/civil-rights/560030-the-unequal-path-to-elite-athletic-pursuits

Will The NCAA's One-Time Transfer Rule Empower Athletes Or Undermine The Game?, https://www.lawinsport.com/topics/item/will-the-ncaa-s-one-time-transfer-rule-empower-athletes-or-undermine-the-game

Did the Supreme Court hint at trouble for MLB's antitrust exemption?, https://www.latimes.com/sports/story/2021-06-22/baseball-antitrust-minor-leagues-supreme-court-ncaa-ruling

An Interview With Sports Attorney Jill Pilgrim, https://www.zocalopublicsquare.org/2021/06/24/sports-attorney-jill-pilgrim-interview/personalities/in-the-green-room/

UEFA prohibits 'rainbow' protest at Germany vs Hungary game, https://www.reuters.com/lifestyle/sports/uefa-turn-down-request-rainbow-lights-munich-2021-06-22/

Hungary Anti-LGBTQ Law Faces EU Legal Action, https://www.bloomberg.com/news/articles/2021-06-23/eu-begins-legal-action-against-hungary-over-a-new-lgbtq-law

Washington Football Team trademark request refused, https://www.washingtonpost.com/sports/2021/06/19/washington-football-team-trademark-refused/

Did Bo know? A fight for the legendary Michigan football coach's legacy, https://www.mlive.com/wolverines/2021/06/did-bo-know-a-fight-for-the-legendary-michigan-football-coachs-legacy.html

NCAA NIL Rules Will Permit College Athletes in All States to Enjoy NIL, https://www.sportico.com/law/analysis/2021/ncaa-nil-rules-2-1234632642/

For Bob Baffert, horse deaths and drug violations cloud a storied career, https://www.washingtonpost.com/sports/2021/06/18/bob-baffert-horse-deaths-drug-violations/

A Race to Lift Triple Crown Suspension for Robert Baffert, https://www.natlawreview.com/article/controversy-horse-racing-race-to-lift-suspension

Mets fire 2 high-ranking employees, https://www.nbcnews.com/news/sports/mets-fire-2-high-ranking-employees-after-review-stemming-mickey-n1271802

New York Soccer Clubs' Trademark Dispute Gets Sent to Mediation, https://news.bloomberglaw.com/ip-law/new-york-soccer-clubs-trademark-dispute-gets-sent-to-mediation

Does Nat'l Women's Soccer League Age Rule Violate Sherman Antitrust Law?, https://www.natlawreview.com/article/15-year-old-soccer-star-granted-temporary-restraining-order-national-women-s-soccer

Soccer League Appeals Teen Phenom's Win Over Minimum Age Rule, https://news.bloomberglaw.com/daily-labor-report/soccer-league-appeals-teen-phenoms-win-over-minimum-age-rule

XFL players to get pennies on the dollar for what they are owed, https://theathletic.com/2667448/2021/06/22/xfl-players-to-get-pennies-on-the-dollar-for-what-they-are-owed/?source=emp_shared_article

ITA Finds Doping Corruption in Weightlifting Federation, http://aroundtherings.com/site/A__103799/Title__ITA-Finds-Doping-Corruption-in-Weightlifting-Federation/292/Articles

Justices Won't Mute Athletes' Social Media Megaphone, https://www.law360.com/employment-authority/other/articles/1397415/justices-won-t-mute-athletes-social-media-megaphone

Theater News for the Week of June 25th

By Bennett Liebman

Nederlander Organization, Jujamcyn Theaters receive Shuttered Venue Operators grants, https://broadwaynews.com/2021/06/23/nederlander-organization-jujamcyn-theaters-receive-shuttered-venue-grants/

With New Show, a Broadway Rarity: Season Has 7 Plays by Black Writers, https://www.nytimes.com/2021/06/24/theater/chicken-biscuits-broadway-lyons-lewis-urie.html

Douglas Lyons' 'Chicken & Biscuits' Coming To Broadway, https://deadline.com/2021/06/douglas-lyons-chicken-biscuits-broadway-norm-lewis-michael-urie-1234780844/

New musical 'The Right Girl' to premiere at Proctors in the fall, https://dailygazette.com/2021/06/24/new-musical-the-right-girl-to-premiere-at-proctors-in-the-fall/

'I Needed It': A Well-Timed Outdoor Theater Opens on Little Island, https://www.nytimes.com/2021/06/21/theater/little-island-broadway-inspirational-voices.html

'A Level of Abuse': Laying Bare Theater's Dirty Secrets, https://www.nytimes.com/2021/06/23/theater/robert-ohara-torrey-townsend-off-broadway.html

The Music Man' on Broadway is not the musical we need, https://www.latimes.com/entertainment-arts/story/2021-06-22/commentary-music-man-broadway-hugh-jackman

'Chicken & Biscuits' starring Michael Urie and Norm Lewis, https://www.newyorktheatreguide.com/news-features/michael-urie-and-norm-lewis-to-star-in-chicken-and-biscuits-on-broadway

'The Music Man' Announces Scott Rudin Replacement, https://variety.com/2021/legit/news/music-man-broadway-producer-replace-scott-rudin-1235002344/

Scott Rudin Avoided Answering for Abusive Behavior for Decades, https://www.hollywoodreporter.com/movies/movie-features/scott-rudin-abusive-behavior-1234972177/

New Project to Give Away $500,000 in Rent Relief to NYC Theater Artists, https://www.backstage.com/magazine/article/fundraiser-rent-relief-for-theater-artists-73519/?utm_campaign=organic&utm_content=creator%2Ccrew%2Cindustry-news%2Clink%2Cstock-misc%2Ctalent&utm_medium=social&utm_source=twitter

AAPAC's New Theatre Diversity Study Underscores Prominence of White Leadership on NYC Stages, https://www.playbill.com/article/aapacs-new-theatre-diversity-study-underscores-prominence-of-white-leadership-on-nyc-stages

Black women playwrights claim a leading role, https://www.bostonglobe.com/2021/06/17/arts/black-women-playwrights-claim-leading-role/

America's Oldest Theater Wants This Philly Actress to Shut Up, https://www.phillymag.com/news/2021/06/14/walnut-street-theatre-bernard-havard-jenna-pinchbeck/

Andrew Lloyd Webber Sues U.K. Government to Show Live Events Research, https://variety.com/2021/legit/news/andrew-lloyd-webber-legal-action-uk-government-1235004242/#!

Civic life is under assault - theatres can play a vital role in restoring it, https://www.theguardian.com/stage/2021/jun/21/theatre-change-civic-function-dan-hutton

How U.S. States Could Fund Repertory Resident Theatres, https://www.americantheatre.org/2021/06/21/how-u-s-states-could-fund-repertory-resident-theatres/

The theatre industry is right to go for legal action - it has no other choice, https://www.telegraph.co.uk/theatre/what-to-see/theatre-industry-right-go-legal-action-has-no-choice/

Theatre Training Programs Have Some Learning to Do, https://www.americantheatre.org/2021/06/23/educators-of-color-caught-in-institutional-inertia/

Biden Picks For Arts Council Include Ukulele Legend Jake Shimabukuro, https://deadline.com/2021/06/biden-arts-council-nominees-jake-shimabukuro-kamilah-forbes-1234781142/

NEA Offers Relief Funds to Help Arts and Culture Sector, https://www.arts.gov/about/news/2021/nea-offers-relief-funds-help-arts-and-culture-sector-recover-pandemic?utm_source=NEWS&utm_medium=TW&utm_campaign=NEWS_ARPGuidelines_TW

The Drive of Phylicia Rashad, https://www.americantheatre.org/2021/06/24/the-drive-of-phylicia-rashad/

Bureaucratic snafus shouldn't delay aid, https://www.startribune.com/bureaucratic-snafus-shouldnt-delay-aid/600070094/


June 28, 2021

What is a Sub-publisher? Do I Need One?

By Marc Jacobson

With more songwriters administering their own catalogs, and the growth of the music publishing industry generally, songwriters and publishers should be aware of their responsibilities and opportunities for sub-publishing. It may be even more important to know the consequences of not having a subpublisher on your team.

To get the full picture, we need to review the basic streams of revenue in the music publishing industry. They are:

  • Mechanical income, which is income derived from copies of the composition which can be perceived with the aid of a mechanical device. The first mechanical royalty in the U.S. was paid in connection with "piano rolls", which only the player piano could "read", and in so reading make the composition perceptible. Today, mechanical income is generated from, among other uses, the manufacture and distribution of cassette tapes, vinyl records, downloads, and on demand streams. Non-interactive streams, such as internet or terrestrial radio, do not generate mechanical income. Mechanical income is typically collected in the U.S. by www.themlc.com for on demand streams and outside the U.S. by a performing rights society. The Harry Fox Agency may also collect mechanical income for physical copies of the composition. In the U.S., the rate paid for mechanical royalties is fixed by Congress and the Copyright Royalty Board, in regular hearings.
  • Performance income, which is generally generated and paid by local collecting societies, such as performing rights societies. In the U.S. those societies include ASCAP, BMI, SESAC, and Global Media Rights (GMR). ASCAP and BMI are available for anyone to join, while SESAC and GMR are by invitation only. In most of the remaining countries of the world, each country has a single collecting society that collects performing rights. These societies, like their sister societies around the world, collect income in respect of public performances of musical compositions in each local territory, such as on television, radio, the internet, and live venues. In the U.S., no performance income is derived from the public performance of music in a movie theater, while in much of the rest of the world, royalties are due for the public performance of musical compositions in a motion picture theatrical release. The rates are set by tariff or negotiations, depending on the country and its legal structure. The principle is that in each territory, each competing business making the same use of music rights pays at the same rate as any other competitive business.
  • Print income, as you might imagine, is income in respect of printed copies of the composition. In the U.S., there are only a few larger companies that offer "sheet music" from a store or online. Often, only successful songs can find a "print deal" with the likes of Alfred Music, Hal Leonard Music, MusicNotes.com or other print publishers.
  • Synchronization income is income derived from the licensing of a musical composition to be used in timed relation with an audio-visual image. Think about music in a TV commercial or TV show, movie, or other audio-visual work. (Of course, when the audio-visual work is publicly performed, additional performance income is generated.)
  • Grand rights income is income in respect of the songs when used in a performance before a live audience and when the songs help advance the story. This is not an area in which revenue is common, as it only applies to those songs used in a live play. Grand rights are not implicated in concert performances.

A music publisher's job is to:


  • be sure that the compositions are properly registered at each collecting society, for performance and mechanical income, so that when revenue is earned in the local territory, it is paid out to the proper party, in the proper amounts.

  • to promote the composition in a manner which helps or assists the composition in generating revenue, increasing its value, and otherwise enhancing or increasing the revenue stream from the composition.

  • secure cover recordings of the composition in the local language, thereby also increasing revenue on the composition.

  • secure synchronization licenses for the composition, thereby increasing the revenue stream and the value of the composition.

  • generally, promote the words and music of each composition in an effort to generate more revenue.

Bearing in mind that copyright is territorial in nature, and each country that has a copyright law enacts its own laws, which differ from others, often in material ways, it makes sense that to properly administer and promote copyrights in many territories, a local publisher would be valuable in each territory. Major multi-national companies, like Universal Music Group, Sony Music Publishing, and Warner Chappell Music Publishing frequently have local subsidiaries in each territory assigned to administer and promote the repertoire to the local industry.

Publishing collecting societies typically have reciprocal agreements with other collecting societies around the world. If a composition is originally registered in the U.S. and with BMI, and is then broadcast in a local territory, and there is no local subpublisher, the local society will pay royalties to BMI, which in turn makes a distribution to the publishers and songwriters. Those distributions by BMI are scheduled throughout the year, and it may be an extended period before funds earned from foreign performances are actually paid to the publishers and songwriters in the original territory, if there is no local subpublisher.

If a local subpublisher is in place, then the local collecting society will pay the local subpublisher, which will in turn account to the original publisher directly. This allows the revenue to be received by the original publisher in a much shorter timeline.

Further, a U.S. based administrator, which relies solely upon the U.S. collection societies, loses the opportunity to have local people promote the composition in the individual territories around the world. A U.S. hit can spawn local covers in many territories, and lots of other potential exploitations.

Ultimately, a local subpublisher performs the same job as the original publisher, except that the subpublisher is focused on its local territory. The local subpublisher also expedites the payment of royalties to the publisher and songwriters. Indeed, for example, a German publisher may need a U.S. subpublisher as much as a U.S. subpublisher needs a German subpublisher.


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Marc Jacobson is an entertainment attorney in New York, NY. He is admitted to practice in NY, CA and FL and is the Founding Chairman of the NYS Bar Association Section on Entertainment, Arts and Sports Law. He is listed in Best Lawyers in the USA, Chambers USA, and SuperLawyers.
© 2021 Marc Jacobson.

About June 2021

This page contains all entries posted to The Entertainment, Arts and Sports Law Blog in June 2021. They are listed from oldest to newest.

May 2021 is the previous archive.

July 2021 is the next archive.

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