New & Noteworthy - September 30, 2024

Copyright and the Public Domain
Stephen Fishman
ALM 2024

This book simplifies the often confusing world of copyright by explaining copyright protection and how works reach the public domain. It addresses important topics such as copyright requirements, duration, forfeiture, abandonment, and the publication requirement. Additionally, it covers non-protectible elements, copyright renewal searches, and the restrictions that may apply to works in the public domain. This practical book helps readers understand the statutory regime and copyright term for any given work. Offering clarity and guidance, this authoritative resource is a valuable resource for anyone dealing with public domain copyright issues. You can learn more about this title on our website.

FDA Wins Again: Can Regulate Stem Cell Treatments, 9th Circuit Rules (Daily Journal) "In a victory for the U.S. Food and Drug Administration, a 9th U.S. Circuit Court of Appeals panel ruled Friday that the agency can regulate stem cell treatments by two Southern California centers as drugs under federal law. The decision is a major victory for government regulators in their legal showdowns with medical clinics across the country that offer treatments using patients' own stem cells. An 11th U.S. Circuit Court of Appeals panel ruled in June 2021 for the FDA against a Florida clinic." See also: 9th Circ. Says Stem Cell Treatment Not Exempt from FDA Rule (Law360).

SF City Attorney Says Vague EPA Rules Could Cost Billions (Daily Journal) "In a brief filed with the U.S. Supreme Court, the City and County of San Francisco accused the Environmental Protection Agency of failing to clarify the Clean Water Act's ambiguous sewage overflow limits, which it claims leaves cities in regulatory limbo.... San Francisco took its petition to force the EPA to provide clarity on the prohibitions to the Supreme Court in January, six months after a 2-1 decision from the 9th U.S. Circuit Court of Appeals to deny the petition. Oral argument is set for October 16."

EPA Urges Affirmation of Water Standards List Lawsuit Dismissal (Bloomberg) "The Environmental Protection Agency wasn’t given a thorough heads up from environmental groups that they planned to sue over the need for updated water quality standards, so their subsequent suit was properly dismissed, the agency said in a brief filed with the Ninth Circuit. The Clean Water Act says anyone filing a citizen suit has to let the other party know 60 days before actually filing so that the alleged issue can be addressed before litigation begins. That procedure wasn’t properly followed here, the EPA told the US Court of Appeals for the Ninth Circuit on Thursday."

States Tell Justices They Belong in Asylum Settlement Talks (Law360) "Five Republican-led states pressed the U.S. Supreme Court to let them participate in the Biden administration's settlement discussions with immigration groups challenging asylum restrictions, arguing their input is necessary to prevent the administration from ceding the policy at the table.... Since February, the Biden administration has been exploring a possible settlement resolving two lawsuits — one in the Ninth Circuit, the other in Washington, D.C., federal court — challenging its Circumvention of Lawful Pathways rule, a policy creating a presumption that people are ineligible for asylum if they cross into the U.S. between ports of entry or fail to first seek protection in a third country."

Twitter Investors Win Cert. in Suit Over Musk's Backpedaling (Law360) "A California federal judge on Friday certified a class of thousands of Twitter investors over claims Elon Musk fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition, rebuffing the billionaire businessman's contention that individual issues in the suit eclipse common questions. During a short Zoom hearing Friday morning, U.S. District Judge Charles R. Breyer [N.D. - CA] told the parties that he 'was satisfied' that the investors had met the standard for class certification."

Washington Judge Refuses to Halt State Assault Weapon Ban (Law360) "A Washington federal judge has declined to pause enforcement of an Evergreen State ban on the sale of assault weapons, ruling the Olympian shooter and gun sellers challenging the law had failed to show such weapons are commonly used for self-defense and thus protected by the Second Amendment. In the Thursday order rejecting a preliminary injunction bid, U.S. District Judge Mary K. Dimke [E.D. - WA] said Olympian Amanda Banta and other gun industry plaintiffs have asserted without evidence that many weapons barred by Washington's Substitute House Bill 1240 are common and lawfully used, while at the same time acknowledging that a few of them — like grenade launchers — are rare."

Sonoma County Liable for Civil Rights Claims in Foster Care Abuse Case, Judge Rules (Courthouse News Service) "A federal judge allowed civil rights claims against Sonoma County officials and social workers from three people who claimed they were repeatedly abused by their guardians after entering the county's foster care program to survive Friday afternoon.... U.S. District Judge Araceli Martinez-Olguin, a Joe Biden appointee, ruled that Sonoma County was deliberately indifferent on Friday afternoon in a 29-page order because the county should have known the abuse — which the plaintiffs say included being hit with belts, locked in cages and sexual abuse — was happening and stopped it after numerous people, including teachers and a county social worker, flagged issues."

Musk Skirts Sanctions in Missed Twitter Deposition, For Now (Law360) "A California federal judge on Friday declined to sanction Elon Musk, for now, after he skipped a deposition over his $44 billion Twitter takeover, allowing the parties to resolve the issue and advising them to wait to see if he appears for the deposition that's been rescheduled for this coming Friday. During a videoconference, U.S. District Judge Jacqueline Scott Corley [N.D. - CA] said she won't order sanctions against Musk over his failure to show up to a deposition on Sept. 10 with the U.S. Securities and Exchange Commission and instead traveling to Florida for the launch of SpaceX's Polaris Dawn mission."

Western Digital Wants $262M Patent Verdict Thrown Out (Law360) "Western Digital has asked a California federal court to either toss a jury's $262 million verdict against it and rule that the hard drive maker did not infringe any MR Technologies patents, or order a new trial in the dispute over technology that increases storage capacity of disk drives. In a pair of motions filed Thursday, Western Digital Technologies Inc. urged the court to enter judgment as a matter of law of noninfringement and find that the company doesn't owe damages."

Disney Warns Investor Streaming Suit Could Chill Innovation (Law360) "Allowing securities litigation over The Walt Disney Co.'s underperforming streaming service to go forward would discourage companies from trying ‘new, risky business plans,’ counsel for the entertainment giant told a California federal judge in an attempt to toss the suit Friday. The arguments came during an afternoon hearing before U.S. District Judge Consuelo B. Marshall [C.D. - CA], who is overseeing a putative class action alleging Disney and its top executives juiced share prices with lies about the expected profitability of the new Disney+ streaming platform in 2020."

Sick Juror Goes Virtual to Keep Cognizant Trial on Track (Law360) "A California federal judge proposed an ‘outside the box’ idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.... The case already resulted in one mistrial in 2023 when the first jury deadlocked. The current trial began with eight jurors but already lost one earlier in the week to a non-COVID issue, so losing another would leave the court with six, which is the fewest allowed."

TSP Hardship Withdrawals: A Lifeline or a Trap? (FedSmith) "The Thrift Savings Plan (TSP) is a valuable retirement plan for federal employees and members of the uniformed services. It allows participants to set aside a portion of their income pre-tax, with the potential for agency-matching contributions. However, life can throw unexpected curveballs, leading some to consider hardship TSP withdrawals."