Matthew Hersh

Another court of appeals concludes that the statute of limitations doctrine was not overturned by a Supreme Court laches decision. The Supreme Court did not upend the longstanding discovery rule…

The limitation might have failed in an earlier period, but more recent precedents were more forgiving. Parties to a photo image license were free to contract for a two-year statute of limitations…

Because such relief was not specified in the Act, a demand for such relief required service of an amended complaint upon a defaulting defendant. A plaintiff who prevailed in a copyright infringement…

Although the company’s description of each individual skill may not have been copyrightable, its selection and arrangement of those skills merited protection. A federal district court properly found…

The court of appeals reverses the district court for the second time in a case that has been pending since 2014. A Vietnamese company that makes accessible within the United States a website and a…

The digital codes were created for functional purposes and were put together under purely mechanical rules. The digital codes sent by a pyrotechnics control system were not entitled to protection…

A defamation claim, too, was precluded by the Communications Decency Act. A federal district court in Boston correctly found that the manager of a neighborhood forum could not expose himself to…

Because the artists who would form part of the class had entered into licensing agreements with varying terms, individual issues would prevail over common questions. A district court improperly…

Although the author worked under the terms of a collective bargaining agreement when he penned the movie, the right to ownership was governed by copyright law and not labor law. The writer of the…