Supreme Court Denies Cert in
Fantasy Sports Case |
6/2. The Supreme Court denied certiorari in
Major League Baseball v. CBC, a case regarding internet based fantasy baseball.
See,
Orders List [8 pages in PDF] at page 7. This lets stand the October 16,
2007, divided
opinion [13 pages in PDF] of the U.S.
Court of Appeals (8thCir). This is a victory for operators of internet based
fantasy sports products, and a defeat for the sports leagues, which have sought
to derive revenue for the licensing of fantasy sports products.
C.B.C. Distribution and Marketing, Inc (CBC) filed a complaint in
U.S. District Court (EDMo) against
the Major League Baseball Advanced Media (MLBAM) seeking a declaratory judgment
regarding CBC's right to use the names of baseball players in connection with
internet and e-mail based fantasy baseball products.
MLBAM counterclaimed alleging that CBC violated its right of publicity under
state law. The MLB Players Association intervened. The District Court granted
summary judgment to CBC.
The Court of Appeals affirmed. It concluded that the baseball players
"offered sufficient evidence to make out a cause of action for violation of
their rights of publicity under Missouri law", but that "CBC's first amendment
rights in offering its fantasy baseball products supersede the players' rights
of publicity". The Court of Appeals did not reach the issue of whether federal
copyright law preempts the players' state law rights of publicity.
And now, the Supreme Court has declined to hear the case.
This case is Major League Baseball Advanced Media, L.P., et al. v. C.B.C.
Distribution and Marketing, Inc., Supreme Court of the U.S., Sup. Ct. No.
07-1099, a petition for writ of certiorari to the U.S. Court of Appeals for the
8th Circuit, App. Ct. Nos. 06-3357/3358. The Court of Appeals heard appeals from
the U.S. District Court for the Eastern District of Missouri. Judge Arnold wrote
the opinion of the Court of Appeals, in which Judge Loken joined. Judge Colloton dissented.
See also, Supreme Court docket
and story titled "8th Circuit Rules that First Amendment Supersedes Right of Publicity in
Fantasy Baseball Case" in
TLJ Daily E-Mail
Alert No. 1,656, October 17, 2007.
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Supreme Court Denies Cert in Perfect
10 v. Visa |
6/2. The Supreme Court denied certiorari in
Perfect 10 v. Visa, a case regarding secondary liability of payments processors
for web site operators that engage in direct copyright and trademark infringement. See,
Orders
List [8 pages in PDF] at page 1.
This lets stand the July 3, 2007, divided
opinion [59 pages in PDF] of the U.S. Court of
Appeals (9thCir), which affirmed the District Court's dismissal of the copyright holder's
complaint. See also, Supreme Court
docket.
Perfect 10 [porn site] publishes a print magazine,
and operates a web site, that display pictures of naked women. The women are young, and their
images appeal to a prurient interest. P10 has registered copyrights with the
Copyright Office. P10's business model includes
generating revenues from magazine sales, web site subscriptions, and licensing.
Visa, MasterCard, and affiliated banks and data processing services process credit card
payments to web site operators that infringe Perfect 10's intellectual property rights.
Perfect 10 seeks to stop infringement via litigation against the payments
processors.
Perfect 10 filed a complaint in U.S. District
Court (NDCal) against Visa and others alleging secondary liability under federal copyright
and trademark law, as well as the law of the state of California.
The District Court dismissed pursuant to Rule 12(b)(6), FRCP, for failure to state a claim
upon which relief can be granted. The Court of Appeals affirmed. And now, the Supreme Court
has refused to hear the case.
The Court of Appeals first addressed contributory infringement.
The Court of Appeals wrote that "one contributorily infringes when he (1) has
knowledge of another’s infringement and (2) either (a) materially contributes to or (b)
induces that infringement." However, it concluded that the defendants neither materially
contributed to, nor induced, the infringement.
The Court of Appeals elaborated that "The credit card companies cannot be said to
materially contribute to the infringement in this case because they have no direct connection
to that infringement. Here, the infringement rests on the reproduction, alteration, display
and distribution of Perfect 10’s images over the Internet. Perfect 10 has not alleged that
any infringing material passes over Defendants’ payment networks or through their payment
processing systems, or that Defendants’ systems are used to alter or display the infringing
images. ... Nor are Defendants’ systems used to locate the infringing images."
The Court of Appeals distinguished this case from Perfect 10, Inc. v.
Amazon.com, Inc. 487 F.3d 701, which involved secondary liability of
internet search engines Amazon and Google. See, May 16, 2007,
opinion [48 pages in PDF] of the 9th Circuit.
In that case the Court of Appeals wrote that "Google
could be held contributorily liable if it had knowledge that infringing Perfect
10 images were available using its search engine, could take simple measures to
prevent further damage to Perfect 10's copyrighted works, and failed to take
such steps."
In the present opinion, the Court of Appeals wrote that "Helping
users to locate an image might substantially assist
users to download infringing images, but processing payments does not. If users
couldn’t pay for images with credit cards, infringement could continue on a
large scale because other viable funding mechanisms are available. For example,
a website might decide to allow users to download some images for free and to
make its profits from advertising, or it might develop other payment
mechanisms that do not depend on the credit card companies."
The Court of Appeals added that "We acknowledge that Defendants’
payment systems make it easier for such an infringement to be profitable, and
that they therefore have the effect of increasing such infringement, but because
infringement of Perfect 10’s copyrights can occur without using Defendants'
payment system, we hold that payment processing by the Defendants as alleged in
Perfect 10’s First Amended Complaint does not constitute a ``material
contribution´´ under the test for contributory infringement of copyrights."
The Court of Appeals also distinguished the present case from Fonovisa,
Inc. v. Cherry Auction, Inc., 76 F.3d 259 (1996), in which the 9th
Circuit held a flea market proprietor liable as a contributory infringer when it
provided the facilities for and benefited from the sale of pirated works.
The Court of Appeals also distinguished the present case from A&M
Records, Inc. v. Napster, Inc., 239 F.3d 1004, in which the Court of
Appeals held the designer and distributor of a file sharing program liable for
contributory infringement, which, while capable of non-infringing use, was
engineered to enable the easy exchange of pirated music and was widely so used.
See, opinion.
The Court of Appeals next rejected the argument that the payments processors' conduct
rose to the level of inducement within the scope of the Supreme Court's June 27, 2005,
opinion [PDF] in MGM v. Grokster. See also,
story titled
"Supreme Court Rules in MGM v. Grokster" in
TLJ Daily E-Mail Alert No.
1,163, June 28, 2005.
In that case, the Supreme Court held that "one who distributes a device with the
object of promoting its use to infringe copyright, as shown by clear expression or other
affirmative steps taken to foster infringement, is liable for the resulting acts of
infringement by third parties."
In the present case, the Court of Appeals wrote that "Because Perfect 10 alleges no
``affirmative steps taken to foster infringement´´ and no facts suggesting that Defendants
promoted their payment system as a means to infringe, its claim is premised on a fundamental
misreading of Grokster that would render the concept of ``inducement´´ virtually
meaningless."
The Court of Appeals next addressed vicarious infringement. It wrote that "To state
a claim for vicarious copyright infringement, a plaintiff must allege that the defendant has
(1) the right and ability to supervise the infringing conduct and (2) a direct financial
interest in the infringing activity." (Footnote omitted.)
The Court concluded that
"Perfect 10 has failed to show that Defendants have the right and ability to control the
alleged infringing conduct".
Finally, the Court of Appeals addressed with brevity the trademark and state law
claims.
This case is Perfect 10, Inc. v. Visa International Service Association, et al.,
Supreme Court of the U.S., Sup. Ct. No. 07-1026, a petition for writ of certiorari to the U.S.
Court of Appeals for the 9th Circuit, App. Ct. No. 05-15170. The Court of Appeals heard
an appeal from the U.S. District Court for the Northern District of California, D.C. No.
CV-04-00371-JW, Judge James Ware presiding. Judge Milan Smith wrote the opinion of the Court
of Appeals, in which Judge Stephen Reinhardt joined.
Judge Alex Kozinski wrote a 27 page dissenting opinion. Much of the majority
opinion is devoted to responding to his dissent. He also wrote the April 3, 2008, majority opinion of the en banc panel
of the Court of Appeals in FHCSFV v. Roommates.com, holding that an interactive
computer service, such as Roommates.com, can be held liable for the speech of users, despite
language to the contrary in Section 230. See,
opinion [PDF] and
story titled "En
Banc 9th Circuit Panel Rejects Section 230 Immunity in Roommates.com Case"
in TLJ Daily E-Mail
Alert No. 1,741, April 2, 2008.
Donald Verrilli of the law firm of Jenner & Block represented Perfect 10
before the Supreme Court. Nancy Tompkins of Townsend and Townsend and Crew
represented Visa, Andrew Bridges of Winston & Strawn represented MasterCard, and
Michael Page of Keker & Van Nest represented First Data Corporation. In
addition, Kelly Klaus of Munger Tolles & Olson represented the Motion Picture
Association of America.
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Reps. Thompson and Langevin Advocate
Government Authority to Regulate Cyber Security |
5/29. Rep. Bennie Thompson (D-MS), Chairman
of the House Homeland Security Committee (HHSC),
and Rep. James Langevin (D-RI), Chairman of the
HHSC's Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, sent a
letter [PDF]
to Rep. John Dingell (D-MI), Chairman of the
House Commerce Committee (HCC), regarding
enactment of legislation to expand government authority to regulate cyber security practices
related to protecting the bulk power system (BPS) from cyber attacks. See also, HHSC
release.
The letter states that "The effective functioning of this infrastructure is
highly dependent on computer-based control systems that are used to monitor and
manage sensitive processes and physical functions. Once largely proprietary,
closed systems, these control systems are becoming increasingly connected to
open networks, such as corporate intranets and the Internet."
The letter continues that this conversion increasingly exposes the BPS to
cyber threats from "foreign nation states, domestic criminals and hackers, and
disgruntled employees working within an organization". Moreover, a cyber attack
could result in a "catastrophic loses of power for long periods of time".
The letter continues that the North American Electric
Reliability Corporation (NERC) lacks "authority to regulate potentially vulnerable
cybersecurity assets" or "to issue orders to owners and operators in the event
of an imminent exploitation of a BPS asset".
The Subcommittee held a hearing on May 21, 2008, at which
Joseph Kelliher, Chairman of
the Federal Energy Regulatory Commission (FERC) stated
that additional authority is necessary to adequately protect the BPS against cyber attack. See,
prepared testimony [11 pages in PDF].
See also, May 21, 2008,
statement [PDF] by Rick Sergel, P/CEO of the NERC.
Hence, Rep. Thompson and Rep. Langevin
(at right) conclude in their letter that "a statutory mechanism is necessary to protect
the grid against cyber security threats". More specifically, they want the Congress to
enact legislation that would amend the Federal Power Act (FPA) to give the FERC authority to
order cybersecurity standards to protect the reliability of the BPS upon "a finding by
a national security or intelligence agency that there is a national security threat to the
BPS". Moreover, these orders "could be kept confidential".
The "grid" would include generator owners, generator operators, transmission
owners, and transmission operators. Some of these are publicly owned, and some are
cooperatives. Many of these suffer from managerial incompetencies. See for example, discussion
below of the Government Accountability Office (GAO) report on deficient information security
practices at the Tennessee Valley Authority (TVA).
On the other hand, the "grid" also includes private sector companies involved
in generating and transmitting electricity. Also, there is the matter of large
electricity consumers. Reps. Thompson's and Langevin's letter does not specify
what entities would be subject to the regulatory authority that they propose.
The GAO released a report
[62 pages in PDF] on May 21 on cyber security at the TVA, a huge government owned utility.
The report states that the TVA "has not fully implemented appropriate security practices
to protect the control systems used to operate its critical infrastructures. TVA’s corporate
network infrastructure and its control systems networks and devices at individual facilities
and plants reviewed were vulnerable to disruption."
For example, the report states that "on the corporate network, one remote access
system we reviewed that was used for the network was not securely configured, and individual
workstations we reviewed lacked key patches and had inadequate security settings for key
programs. Further, network infrastructure protocols and devices provided limited protections.
In addition, the intrusion detection system that TVA used had significant limitations on its
ability to effectively monitor the network. For example, although a network intrusion
detection system was deployed by TVA to monitor network traffic, it could not effectively
monitor certain data for key computer assets."
The report continues that "On control systems networks, firewalls were bypassed or
inadequately configured, passwords were not effectively implemented, logging of certain
activity was limited, configuration management policies for control systems software were
not consistently implemented, and servers and workstations lacked key patches and effective
virus protection."
Also, "physical security at multiple locations did not sufficiently protect critical
control systems".
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More News |
6/2. The Copyright Office (CO)
published a notice
in the Federal Register that announces, describes, recites, and sets the comment
deadlines for, its proposed rule changes regarding retransmission of digital
television broadcast signals by cable operators pursuant to
17 U.S.C. § 111. The CO does not seek comments in this proceeding on
internet retransmission of digital broadcast signals. Initial comments are due
by July 17, 2008. Reply comments are due by September 2, 2008. See, Federal
Register, June 2, 2008, Vol. 73, No. 106, at Pages 31399-31415.
6/2. The Supreme Court denied
certiorari in Apotex Corporation v. Merck & Co., Inc., Sup. Ct.
No. 07-1238, a patent case. See,
Orders List [8 pages in PDF] at page 7. This lets stand the November 16,
2007, opinion
[11 pages in PDF] of the U.S. Court of
Appeals (FedCir). See also, Supreme Court
docket.
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Washington Tech Calendar
New items are highlighted in red. |
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Tuesday, June 3 |
The House will return from its Memorial Day
recess. It will meet at 2:00 PM for legislative business. Votes will be postponed
at least until 6:30 PM. The House is scheduled to consider numerous bills under
suspension of the rule, including HR 4106
[LOC |
WW], the
"Telework Improvements Act of 2008", and HR 4791
[LOC |
WW], the
"Federal Agency Data Protection Act". See, Rep. Hoyer's
schedule for week of June 2, and
schedule for June 3.
The Senate will meet at 10:00 AM for morning
business. It will then resume
consideration of S 3036
[LOC |
WW], the
"Lieberman-Warner Climate Security Act of 2008".
8:30 AM - 12:00 NOON. The Information
Technology Association of America (ITAA) will host a half day conference
titled "Level 3 Authentication: When Pin & Password Aren’t Enough".
See, notice.
Prices vary. Location: JW Marriot Hotel.
9:00 AM - 4:30 PM. The Department of Commerce's
(DOC) National Institute of Standards and
Technology's (NIST) Judges Panel of the Malcolm Baldrige National
Quality Award will hold a closed meeting to discuss applicants and award
criteria. See,
notice in the Federal Register: May 16, 2008, Vol. 73, No. 96, at Page
28433. Location: Administration Building, Lecture Room A, Gaithersburg, MD.
2:30 PM. The Senate Banking
Committee will hold a hearing on pending nominations, including
Christopher Wall to be Assistant Secretary of Commerce for Export Administration, and
Luis Aguilar, Troy Paredes, and Elise Walter to be members of the
Securities and Exchange Commission (SEC). See,
notice. Location: Room 538, Dirksen Building.
6:30 - 9:00 PM. The DC Bar Association
will host a program titled "The Gates Foundation's Global Access Principles:
Striking the Balance". The speaker will be Erik Iverson (Gates Foundation
Associate General Counsel). The price to attend ranges from $8 to $20. For more information,
contact 202-585-9654. See,
notice. Location: Finnegan Henderson, 10th floor, 901 New York Ave., NW.
Day one of a two day conference hosted by the
National Institute of Standards and Technology (NIST)
titled "Applications of Pairing-Based Cryptography: Identity-Based Encryption and
Beyond". See,
notice.
The basic price to attend is $145. Registrations are due by May 27, 2008.
Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.
TIME? Day one of a two day invitation only conference hosted by the
Business Software Alliance (BSA) titled "BSA
CEO Forum". See,
notice. Location?
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Wednesday, June 4 |
The House will meet at 10:00 AM for legislative
business. The House may consider HR 5940
[LOC |
WW], the
"National Nanotechnology Initiative Amendments Act of 2008", and/or HR 5893
[LOC |
WW, the
"Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act
of 2008", under suspension of the rules. See, Rep. Hoyer's
schedule for week of June 2.
10:00 AM. The House Commerce
Committee's (HCC) Subcommittee on Health will hold a hearing titled "Discussion
Draft of Health Information Technology and Privacy Legislation". See also, HCC
memorandum [6 pages in PDF] and
draft bill [89 pages in PDF]. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.
1:00 - 5:00 PM. Day one of a three day meeting of
the National Institute of Standards and Technology's (NIST)
Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the Federal
Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington
University, Dining Room Conference, 1918 F St., NW.
6:00 - 8:15 PM. The Federal
Communications Bar Association's (FCBA) International Practice and Privacy and Data
Security Committees will host an event titled "Addressing Privacy Issues Abroad:
The Global Privacy Framework for Communications and Media Companies". See,
registration page. This event qualifies for continuing legal education (CLE) credits.
Prices vary. For more information, contact Yaron Dori at ydori at hhlaw dot com or Jennifer
Ullman at Jennifer dot ullman at verizon dot com. Location:
Hogan & Hartson, 13th floor, West Tower, 555 13th St., NW.
Day two of a two day conference hosted by the
National Institute of Standards and Technology (NIST) titled "Applications of
Pairing-Based Cryptography: Identity-Based Encryption and Beyond". See,
notice.
The basic price to attend is $145. Registrations are due by May 27, 2008.
Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.
TIME? Day two of a two day invitation only conference hosted by the
Business Software Alliance (BSA) titled "BSA
CEO Forum". See,
notice. Location?
Deadline to submit initial comments to the Federal Communications
Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM)
regarding satellite carriers' carriage obligations under Section 338 of the Communications
Act as the high definition (HD) carriage requirement becomes effective. The FCC adopted its
Second Report and Order, Memorandum Opinion, and 2ndFNPRM on March 19, 2008, and released
the text on March 28, 2008. It is FCC 08-86 in CS Docket No. 00-96. See,
notice in the Federal Register,
May 5, 2008, Vol. 73, No. 87, at Pages 24515-24519. See also, story titled "FCC Releases
DBS HD Carry One Carry All Order" in TLJ Daily E-Mail Alert No. 1,738, March 27,
2008.
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Thursday, June 5 |
The House will meet at 10:00 AM for legislative
business. See, Rep. Hoyer's
schedule for week of June 2.
8:30 AM - 5:00 PM. Day two of a three day meeting of
the National Institute of Standards and Technology's (NIST)
Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the Federal
Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington
University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st
St., NW.
3:00 - 5:15 PM. The Federal Communications
Bar Association (FCBA) will host a class titled "Essentials of
Engineering for Telecommunications Policy Reform". The speaker will be
Dale Hatfield. This event qualifies for continuing legal education (CLE)
credits. See,
notice. Location: Hogan & Hartson, 555
13th St., NW.
6:00 - 8:15 PM. The DC Bar Association
will host a program titled "Beyond Smoke-Filled Rooms and Lavish Lunches: Lobbying
in the 110th Congress". The speakers will be Irene Bueno
(Nueva Vista Group) and Monte Lake (Siff
& Lake). The price to attend ranges from $80 to $115. For more information, contact
202-626-3488. This event qualifies for continuing legal education (CLE) credits. See,
notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.
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Friday, June 6 |
The House will meet at 9:00 AM for legislative
business. See, Rep. Hoyer's
schedule for week of June 2.
8:00 AM - 4:30 PM. Day three of a three day meeting of
the National Institute of Standards and Technology's (NIST)
Information
Security and Privacy Advisory Board (ISPAB). See,
notice in the Federal
Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington
University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st
St., NW.
12:00 NOON. The Cato
Institute will host an event titled "Globalization and the World's
Rising Living Standards". The speaker will be Johan Norberg, author of the
book [Amazon] titled "In Defense of Global Capitalism". See,
notice and registration
page. Lunch will be served. This event will be webcast by Cato. Location:
Room B-338, Rayburn Building.
2:00 PM. The Senate Government
Affairs and Homeland Security Committee will hold a hearing titled
"National Security Bureaucracy for Arms Control, Counterproliferation, and
Nonproliferation Part II: The Role of the Department of State". The witnesses will
be Patricia McNerney and Linda Taglialatela of the Department of State. See,
notice. Location: Room 342, Dirksen Building.
Effective date of the Department of Health and Human Services'
(DHHS) Centers for Medicare & Medicaid Services final rule regarding electronic
prescriptions. See, notice
in the Federal Register, April 7, 2008, Vol. 73, No. 67, at Pages 18917-18942.
Deadline to submit reply comments to the Federal Communications Commission
(FCC) in response to the Media Bureau's public notice (DA 08-752) regarding changes to its
annual reporting forms that request certain employee data from multichannel video
programming distributors (FCC Form 395-A) and broadcasters (FCC Form 395-B). See,
notice in the
Federal Register, April 21, 2008, Vol. 73, No. 77, at Pages 21346-21347.
Deadline to submit reply comments to the
Federal Communications Commission (FCC) in response to
its notice of proposed rulemaking (NPRM) regarding changes to its Schedule of Regulatory
Fees. This NPRM is FCC 08-126 in MD Docket No. 08-65. See,
notice in the Federal Register,
May 28, 2008, Vol. 73, No. 103, at Pages 30563-30591.
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Monday, June 9 |
8:30 AM - 5:00 PM. Day one of a two day meeting of the
Judicial Conference of the United
States' Committee on Rules and Practice and Procedure. See,
notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages
15777-15778. Location: Thurgood Marshall Federal Judiciary Building, Mecham
Conference Center, One Columbus Circle, NE.
5:00 PM. Deadline to submit comments to the
National Telecommunications and Information
Administration (NTIA) in response to it notice of proposed rulemaking regarding its
Digital To Analog Converter Box Coupon Program. The NTIA proposes to waive the
eligible household and application requirements for individuals residing in nursing homes
or other senior care facilities. See,
notice in the Federal Register,
April 24, 2008, Vol. 73, No. 80, at Pages 22120-22124.
Deadline to submit comments to the
Department of Homeland Security (DHS) in response to its
request for comments regarding its
interim final rule
[48 pages in PDF] that extends the period of
Optional Practical Training (OPT)
from 12 to 29 months for qualified F-1 non-immigrant students. This rule change compensates
in a limited way for the Congress's failure to enact legislation to increase the annual cap
on the number of H1B visas. See, story titled "DHS Extends OPT to 29 Months As
Congress Sits on H1B Reform Proposals" in
TLJ Daily E-Mail Alert No. 1,742, April 7,
2008, and notice in the Federal
Register, April 8, 2008, Vol. 73, No. 68, at Pages 18944-18956.
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Tuesday, June 10 |
8:00 AM - 5:00 PM. Day one of a two day meeting of the
National Institute of Standards and Technology's
(NIST) Visiting Committee on Advanced Technology (VCAT) titled "NIST's
Roles in the Innovation Ecosystem". See,
notice in the
Federal Register, May 6, 2008, Vol. 73, No. 88, at Page 24950. Location: NIST,
Administration Building, Employees Lounge, Gaithersburg, MD.
8:30 AM - 5:00 PM. Day two of a two day meeting of the
Judicial Conference of the United
States' Committee on Rules and Practice and Procedure. See,
notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages
15777-15778. Location: Thurgood Marshall Federal Judiciary Building, Mecham
Conference Center, One Columbus Circle, NE.
9:30 AM. The
House Commerce Committee's (HCC)
Subcommittee on Telecommunications and the Internet will hold a hearing titled
"Status of the DTV Transition: 252 Days and Counting". This hearing
will be webcast by the HCC. Location: Rooom 2123, Rayburn Building.
6:00 - 8:15 PM. The Federal
Communications Bar Association (FCBA) will host an event titled "Judicial Year
in Review". The speakers will be
Sam Feder (Jenner and Block),
Ian Gershengorn (Jenner & Block),
Andrew McBride (Wiley
Rein), Joseph Palmore (Federal Communications Commission) and Richard Welch (FCC). This
event qualifies for continuing legal education (CLE) credits. See,
notice. Location: Wiley Rein, 1776 K
St., NW.
CANCELLED. The
U.S. Patent and Trademark Office's (USPTO) Trademark
Public Advisory Committee (TPAC) will meet.
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People and Appointments |
6/2. President Bush announced his intent to nominate Gregory Garre to be the
Solicitor General at the Department of Justice, and to designate him acting Solicitor General.
He is currently the Principal Deputy Solicitor General. Previously, he worked for the law
firm of Hogan & Hartson. If confirmed, he will replace
Paul Clement. See, White House
release.
6/2. Walter Ricciardi will retire from the
Securities and Exchange Commission (SEC),
where he is Deputy Director of the
Division of Enforcement.
He will join the New York office of the law firm of
Paul Weiss Rifkind Wharton & Garrison.
See, SEC release.
5/29. Rosalind Tyson was named Regional Director of the
Securities and Exchange Commission's (SEC) Los
Angeles Regional Office, which oversees enforcement and examination functions in
southern California, Arizona, Nevada, and Hawaii. She is currently acting
Regional Director. She replaces Randall Lee. See, SEC
release.
5/29. President Bush announced his intent to nominate five persons to be members of the
Board of Directors of the Corporation for Public
Broadcasting (CPB):
Lori Gilbert for the remainder of a six year term expiring on January
31, 2012,
• Cheryl Halpern for the remainder of a six year
term expiring on January 31, 2014,
• former Sen. David Pryor (D-AR) for the remainder of a six year term
expiring on January 31, 2014,
• Bruce Ramer for the remainder of a six year term expiring on
January 31, 2012, and
• Liz Sembler for the remainder of a six year term expiring
on January 31, 2014.
See, White House
release.
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Contact: 202-364-8882.
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