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Jassy Vick Carolan Prevails for Publisher in Ninth Circuit Appeal
January 2019 - The Ninth Circuit Court of Appeals affirmed a district court’s dismissal order under FRCP Rule 12(b)(6) in favor of Providence Publications in a published decision analyzing the publication’s use of an insurance company’s trademarks in connection with an educational seminar about the company’s insurance program.  Applying the three-part nominative fair use test established in New Kids on the Block, the Ninth Circuit held that the publisher’s use of the marks in describing the seminar was necessary to convey that it was specifically about plaintiff’s insurance program, the publisher used no more of the marks than was reasonably necessary, and any sponsorship by the insurance company was negated by language indicating that the purpose of the seminar was to critique plaintiff’s insurance program.  Duffy Carolan argued the case.  Link  
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   Litigation - First Amendment
   Media Law
METROPOLITAN TIER 1
 Los Angeles
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   Litigation - First Amendment
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Kevin Vick Writes about Olivia de Havilland’s Petition to United States Supreme Court
November 2018 - In a guest column for the Daily Journal, Kevin Vick analyzed the California Court of Appeal’s decision in De Havilland v. FX Networks, LLC, 21 Cal. App. 5th 845 (2018), where the court struck de Havilland’s right of publicity and false light claims against FX Network and others stemming from her portrayal in the miniseries Feud: Bette and Joan.  Vick also discussed de Havilland’s pending petition for a writ of certiorari to the United States Supreme Court.  
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   Litigation - First Amendment
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METROPOLITAN TIER 1
 Los Angeles
   First Amendment Law
   Litigation - First Amendment
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Jassy Vick Carolan Prevails For YouTube In Appeal
November 2018 - The California Court of Appeal affirmed in full the trial court’s judgment in favor of YouTube in a suit brought by a former YouTube user based on the suspension of his account and removal of content. The Court of Appeal affirmed the trial court’s ruling that various claims were barred by the one-year limitations period in YouTube’s Terms of Service, and further held that the plaintiff’s Business and Professions Code § 17200 claim failed as a matter of law. A copy of the Court of Appeal’s opinion is here.  
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   Litigation - First Amendment
   Media Law
METROPOLITAN TIER 1
 Los Angeles
   First Amendment Law
   Litigation - First Amendment
   Media Law
 San Francisco
   Media Law
Jassy Featured in Best Lawyers Article
November 2018 - Jean-Paul Jassy, who was named the 2019 First Amendment "Lawyer of the Year" in Los Angeles by Best Lawyers, was featured in a "Legal Insights" profile article.  
NATIONAL TIER 1
   Litigation - First Amendment
   Media Law
METROPOLITAN TIER 1
 Los Angeles
   First Amendment Law
   Litigation - First Amendment
   Media Law
 San Francisco
   Media Law
Kevin Vick Discusses Key Anti-SLAPP Case Pending In California Supreme Court
November 2018 - Kevin Vick discussed Rand Resources, LLC v. City of Carson on the Daily Journal’s Weekly Appellate Report podcast, available here and here.  The California Supreme Court recently held oral argument in Rand Resources, where the Court is poised to address the issue of what constitutes an “an issue of public interest” under California’s anti-SLAPP statute, Code of Civil Procedure § 425.16.