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HTMLNorth Jersey Media Group Inc. v. Fox News Network LLC
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
April 23, 2015, previously published on February 19, 2015
In copyright infringement action involving allegations that Fox News posted to its Facebook page plaintiff’s 9/11 photograph of firefighters raising American flag near World Trade Center juxtaposed with iconic World War II Iwo Jima photograph along with hashtag #neverforget, district court...

 

HTMLRhoads v. Margolis
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
April 23, 2015, previously published on February 5, 2015
In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract claim, but otherwise reverses denial, concluding that "principal...

 

HTMLLatele TV, C.A. v. Telemundo Communications Group, LLC
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
April 23, 2015, previously published on February 12, 2015
District court declines to decide substantial similarity issue at summary judgment stage, deferring to jury question of whether similarities between the parties’ telenovelas were numerous and significant enough to constitute copyright infringement.

 

HTMLIn re Charles W. Dowdy
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
April 23, 2015, previously published on February 5, 2015
Mississippi bankruptcy court holds that agreement encompassing both settlement agreement resolving claims for past-due performance royalties and contemporaneously executed ASCAP licensing agreements is not a single agreement, permitting the debtor to assume the licensing agreements without...

 

HTMLGerritsen v. Warner Bros. Entertainment
Tal Dickstein, W. Allan Edmiston, David A. Grossman, Jonathan Neil Strauss, Jonathan Zavin; Loeb & Loeb LLP;
Legal Alert/Article
April 23, 2015, previously published on February 12, 2015
District court dismisses breach of contract and breach of guaranty claims against Warner Bros. based on Oscar-winning motion picture Gravity, holding that plaintiff Terry Gerritsen, author of novel by same name, failed to plead non-conclusory factual allegations tying Warner Bros. to underlying...

 

HTMLFDA Issues Guidance on Meetings between Agency and Sponsors to Promote Consistency and Effectiveness
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
The agency is making recommendations on formal meetings about the development and review of drugs or biological products that fall under the regulation of the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER) in a bid to provide consistent...

 

HTMLFDA Warns Nanobiotech Pharma for Using Metatags and Social Media to Make Improper Claims about Its Products
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
The regulator sent a warning letter to the life science company for using metatags to supplement the improper promotion of its products as drugs, as well as making unapproved claims on Facebook, LinkedIn and its website.

 

HTMLOPDP Sends Warning Letter to UCLA for Promoting Investigational New Drug on Taumark Website
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
The regulator warned UCLA, a partner in TauMark and the sponsor of the investigational new drug FDDNP, that it is violating the FD&C Act by promoting the brain diagnostic drug without market authorization and by failing to include adequate directions for use.

 

HTMLOPDP Warning Letter States That Discovery Laboratories’ Website for Surfaxin Makes Unsubstantiated Superiority Claims, Lacks Adequate Directions for Unapproved Use
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
Discovery Laboratories was warned by the regulator after a review of its website revealed that the company made unsupported superiority claims about Surfaxin as well as claims indicating that the RDS-prevention drug is intended for a use for which it lacks approval and for which its labeling fails...

 

HTMLFDA Approves Novartis’ Zarxio As The First Biosimilar In The U.S., Clearing The Drug For The Same Indications As Neupogen And Giving It A Placeholder Nonproprietary Name
Scott S. Liebman; Loeb & Loeb LLP;
Legal Alert/Article
April 22, 2015, previously published on March 2015
The regulator granted a landmark approval to the copycat version of the already approved drug in the U.S., opening up the market to less expensive copies of biological products, while uncertainty related to a naming policy remains.

 


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