By Alvin Benjamin Carter III

This paper will look at how the art of sampling music from one recording and using it to create a new musical work is stigmatized by statute. Artists who engage in this art form must rely on the often-situational defenses of fair use and the recent resurgence of the de minimis exception proffered in the Ninth Circuit’s decision in VMG Salsoul, LLC v. Ciccone which creates a split with the Sixth Circuit’s decision in Bridgeport Music, Inc. v. Dimension Films. The technique of sampling is used in many genres, but the risk of litigation is potentially crippling to many hip-hop artists and producers who may not have the resources to mount a defense, much less pay the statutory damages for infringement which range from $750–$150,000 per infringement . . .

By Michael Stefanilo Jr., Esq.

              There is a potential sea change underway in the Commonwealth of Massachusetts relating to the legal standard to be applied when a student sues a municipality or school district alleging sexual harassment against a teacher. Prior to 2016, non-perpetrating municipal defendants have been protected from liability by a heightened standard developed through many years of Title IX jurisprudence. In 2016 and 2017, however, persuasive authority has developed that threatens to dismantle nearly two decades of federal precedent in the school law context, paving way for a weightier standard. The Commonwealth’s “catch-all” anti-sexual harassment statute, chapter 214, section 1C of the Massachusetts General Laws, has become the hot topic of several recent Massachusetts state and federal judicial decisions. . .

By: Ryan McGovern Quinn

In late June, President Trump nominated Marvin Kaplan and William Emanuel to fill vacant seats on the National Labor Relations Board (“NLRB,” or “the Board”). Kaplan is Counsel to the Occupational Safety and Health Review Commission and former Workforce Policy Counsel to the House Education and Workforce Committee, while Emanuel is a shareholder at management-side labor and employment law firm Littler Mendelson, P.C. and a member of the Federalist Society. Kaplan was confirmed by the Senate on August 2, 2017 in a party-line vote, and Emanuel was confirmed on September 25, 2017….

By: Bianca F. Sena

The startup world may only have a few more moments in the sun when it comes to taking advantage of the unregulated terrain of Initial Coin Offerings (“ICO”). While this type of crowdfunding continues to gain popularity with startups, software developers, and venture capitalists, the evil twin of massive sales – massive losses – may finally bring ICO transactions into the regulatory purview of the Internal Revenue Service (“IRS”), Securities and Exchange Commission (“SEC”), and the Financial Crimes Enforcement Network (“FinCEN”). The SEC may start classifying digital assets, such as Bitcoin, as “financial securities” subject to agency regulation because of their increasing use in Ponzi schemes and fraudulent lending practices. There is also evidence that FinCEN has begun regulating digital assets under various sections of the Bank Secrecy Act (“BSA”). This article explores the increasing awareness of issues surrounding digital assets and reviews developments within each of these agencies that indicate ICOs are likely to soon be regulated….

By Peter Colin, Jr.

If you represent an entertainer or other public figure with a marketable likeness or their family/heirs, you should start including posthumous personality rights in your estate planning.

Most recently, this issue arose has after the 2016 passing of Prince in Minnesota. Soon after his death, Prince merchandise that appeared to be unlicensed was readily available for purchase. The Minnesota State Legislature reacted with the PRINCE Act, though the Legislature retracted the bill after it received criticism for entrenching on the First Amendment and exerting overbroad control of publicity rights that would really benefit professional sports entities looking for more control over publicity rights of athletes.

By Scheagbe Mayumi Grigsby

On April 20, 2010, the Deepwater Horizon oil rig in the Gulf of Mexico burst into flames, dumping millions of barrels of oil into the Gulf. The incident killed eleven people and caused irreparable harm to the environment and local economy. Eventually, hundreds of plaintiffs filed suit against British Petroleum (BP) and others. A subsequent class action lawsuit resulted in a settlement of medical claims arising out of the spill and the ensuing clean-up effort amounted to approximately $7.8 billion. As of May 6, 2015, BP had paid approximately $5 billion to more than 62,000 businesses and individuals. On July 2, 2015, the U.S. Department of Justice announced that BP had agreed to pay the “largest environmental fine in U.S. history for the Gulf oil spill.” Pending judicial approval, BP has agreed to pay $18.7 billion to Louisiana, Mississippi, Texas, and Florida over 18 years.