Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 80 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
BARRY BARNETT GUEST BLOGGER
Barry Barnett has been a Guest Blogger in the past, his Blawgletter provides great thoughts, and insights. I read his blogs regularly. Over the years Barry and I have had a number of cases together and he is an outstanding trial partner at Susman Godfrey.
You Have the Right to Skip Fox Ads, Ninth Circuit Rules
Rupert Murdoch’s TV empire in the U.S. has lost its bid to stop you from avoiding the ads that Fox embeds in its shows — yourGlees, your The Simpsonses, and your So You Think You Can Dances.
The Ninth Circuit turned back Fox’s appeal of an order that denied its motion to enjoin Dish from providing its PrimeTime Anytime recording feature to subscribers. Fox Broadcasting Co., Inc. v. Dish Network, L.L.C., No. 12-57048 (9th Cir. July 24, 2013).
Fox argued that Dish had promised in its rebroadcast license not to let subscribers fast-forward through ads and not to make Fox content available "on demand". Fox also claimed that PrimeTime Anytime resulted in both direct and secondary infringement of Fox’s copyrights in its programming content.
The panel held that Fox hadn’t proven infringement of its copyrights by Dish. Subscribers — not Dish — made copies of the Fox shows by flipping a switch, the court noted. That meant Dish did not infringe directly. Nor did Dish’s conduct make it guilty of secondary infringement. Because the subscribers made copies mainly for "time-shifting" purposes, the panel ruled, they had a valid "fair use" defense, and their fair use also exonerated Dish.
The contract issues vexed the panel more. The ruling against Fox turned on a squinty view of what "distribute . . . on an interactive, time-delayed, video-on-demand or similar basis" means. Does giving subscribers a chance to copy and replay Fox content amount to distributing it on a "basis" "similar" to "time-delay" or "video-on-demand"? The panel didn’t decide, but it hinted that it very well might.
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