When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in Allen v. Cooper that the Copyright Remedy Clarification Act did not abrogate a state’s sovereign immunity, and therefore, absent consent, sovereign immunity prevents suits for copyright infringement against a state. Are there any exceptions to this rule? Are there alternatives causes of action or remedies available? That is the question plaintiffs-appellants posed in Canada Hockey, L.L.C. v. Texas A&M Univ. Athletic Dep’t. And the answer, at least in federal court in the Fifth Circuit, is no, though the Fifth Circuit left open the possibility for recovery in state court.
If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents? The Fifth Circuit unanimously says no. In EEOC v. BDO USA, LLP, the Fifth Circuit held that records and communications with legal counsel are not automatically protected from disclosure just by virtue of their being identified in a privilege log.