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Loeb Updates from July and August 2023

Have you heard how Loeb is moving the needle? Loeb’s lawyers are always advising on the latest trends, issues, and legislation to help our clients and communities succeed. Here are some highlights and firm news from the past month!

  • Last month, in our IP and Entertainment cases of interest, Frank D’Angelo and Edward Delman examined a punitive class action against Instagram, alleging it was secondarily responsible for infringing on plaintiffs’ exclusive rights to display copyrighted photos and videos posted to their Instagram accounts. Due to Instagram’s embedding tool, which allows third-party websites to display photos and videos posted to an Instagram account, plaintiffs believe the company should be liable for the direct infringement occurring through third-party displays. The Ninth Circuit Court of Appeals dismissed the claims, citing the “Server Test” from a 2007 decision in Perfect 10, Inc. v. Amazon. If the third-party website does not store a copy of the images on their servers, there is no underlying direct infringement to support the secondary liability claim. Click here to read more.
  • We are thrilled to announce that six of the firm’s lawyers have been named to the 2022 Capital Pro Bono Roll by the D.C. Courts, in partnership with the D.C. Access to Justice Commission and the D.C. Bar Pro Bono Center. Nicole Travers, Eyvonne Mallet, Richard Lorenzo and Marcus Owens were recognized for contributing over 50 pro bono hours, and Robyn Mohr and Steven Rosenthal were recognized for their contributions of over 100 hours.
  • Richard Lorenzo stressed the importance and necessity of pro bono work, “pro bono publico -- ‘for the public good’—not only provides a public service to those who are otherwise unable to afford our services, it also brings us together as a firm and makes us better lawyers. It is a noble and necessary calling for all attorneys.” 
  • Inclusion in the Honor Roll represents a strong commitment to pro bono service, and Eyvonne Mallett expressed her passion for serving others, “I can work from the heart and provide support for underserved members of our community, who might otherwise go without needed legal representation. Simply stated - Pro bono work gets to the core of why I practice law - I want to make a difference for the public good.”
  • Offering services to those who cannot afford them has become increasingly important in a post-pandemic world, with Marcus Owens explaining that “to me, pro bono legal work is, on one level, an ethical responsibility of a member of the bar and on another, deeper level, it is a moral imperative and a public good.”
  • In July, several of our lawyers spoke at conferences across various industries on select issues. Senior counsel Jennifer Campbell and associate Lilian Walden Givens reviewed common pitfalls during the administrative process during the Beverly Hills Bar Association’s “House of Cards: Selected Real Property Issues in Administration” webinar; partner James Null examined tax concerns of foreign persons investing in the U.S. during PLI’s Basics of International Taxation program; associate Eric Cook spoke on the Health and Data Privacy panel at Black Tech Week; and partner Kristen Klesh discussed food law and regulation fundamentals during a workshop at the American Conference Institute’s Food Law and Regulation Boot Camp.
  • This month David Mallen, co-chair of Loeb’s Advertising Disputes practice and chair of our Retail & Consumer Brands department, joined Advanced Media & Technology partner Libby O’Neill and associate Jenny Savitt for a webinar: Everything You Wanted to Know (But Were Afraid to Ask) About the New Endorsement Guides. They explored various topics about the FTC’s new endorsement guidelines, such as the use of audible disclosures, ensuring disclosures are in compliance and who is liable for what. Click here to view the full webinar.