On October 4, 2022, a Second Circuit panel affirmed the lower court’s decision that defendant Sirius XM Radio Inc.’s ads showcasing The Howard Stern Show do not violate plaintiff John Edward Melendez’s publicity rights. The ruling affirmed the Southern District of New York’s grant of defendant’s motion to dismiss plaintiff’s claims under California common and statutory law, agreeing that plaintiff Melendez’s claims were preempted by the Copyright Act, 17 U.S.C. § 301.
The U.S. Court of Appeals for the Tenth Circuit recently held for the first time that parties opposing confirmation of nondomestic arbitral awards (i.e., awards issued in disputes involving property located or conduct occurring outside the U.S.) issued in the U.S. or under U.S. arbitration law are not limited to the grounds set forth in the Inter-American Convention on International Commercial Arbitration (the Panama Convention). Instead, the court ruled that defenses to confirmation under the Federal Arbitration Act (FAA) apply.
In times of crisis, fraudsters attempt to exploit the latest news developments to lure investors into scams, and the once-in-a-century global health crisis we are currently facing is no exception. On February 4, 2020, the SEC noted in an Investor Alert that it was aware of a number of web-based promotions claiming that the products or services of publicly-traded companies could prevent, detect, or cure COVID-19—and that the stock of these companies would skyrocket as a result. The Investor Alert warned market participants to be vigilant and put publicly-traded companies on notice that the Commission is watching.