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Viewing: Blog Posts Tagged with: Law, Most Recent at Top [Help]
Results 1 - 25 of 630
1. Disney and Dreamworks Have Come Up With A New, Kooky Reason Why Wage-Theft Lawsuit Is Invalid

Disney, Disney-owned Lucasfilm and Pixar, and Dreamworks Animation have come up with a novel tactic to try and dismantle the wage theft lawsuit brought against them by animation industry employees. The simple version of Disney and Dreamworks’ argument: certain animation artists had been aware for years that their was an alleged conspiracy against them, thus making the 10,000-person lawsuit invalid.

Here’s the long version: On May 25, the federal district court presiding over the class-action antitrust case filed by plaintiff animation and digital artists Robert Nitsch, Jr. Georgia Cano, and David Wentworth against several leading animation studios certified the class definition of the artists that will be covered under any ruling in the case. Under Judge Lucy Koh’s ruling, that class who will be eligible to participate in the lawsuit is the following:

“All animation and visual effects employees employed by defendants in the United States who held any of the jobs listed in Ashenfelter Reply Report Amended Appendix C during the following time periods: Pixar (2004–2010), Lucasfilm Ltd., LLC (2004–2010), DreamWorks Animation SKG, Inc. (2004–2010), The Walt Disney Company (2004–2010), Sony Pictures Animation, Inc. and Sony Pictures Imageworks, Inc. (2004–2010), Blue Sky Studios, Inc. (2005–2010) and Two Pic MC LLC f/k/a ImageMovers Digital LLC (2007–2010). Excluded from the Class are senior executives, members of the board of directors, and persons employed to perform office operations or administrative tasks.” [Note: The Ashenfelter Reply Report referred to in the definition is currently under seal and unavailable to the public.]

The plaintiffs sought to expand the class to include those artists who worked at Pixar and Lucasfilm from 2001-2003, and to those artists who worked at DreamWorks in 2003. However, for procedural reasons, the court ruled that it would be inappropriate to expand the class at this time, but left it open for future expansion.

By the end of last week, however, Disney and Dreamworks had appealed the certification to the Ninth Circuit Court of Appeals. In their appeal, the studios reminded the court that the entire case had been thrown out last year by Judge Koh on statute of limitations grounds—that is, that Nitsch, Cano and Wentworth filed their lawsuit too many years after the allegedly illegal behavior of the studios took place. Koh only let the case go forward once the plaintiffs showed that the studios may have fraudulently concealed their activities. (As part of the prior settlement with the plaintiffs, Blue Sky Studios, Sony Pictures Animation, and Sony Pictures Imageworks have already agreed to not challenge the class certification sought by the plaintiffs.)

But the studios now argue that even if they concealed their actions, many artists—those who would be part of the certified class—knew about the alleged conspiracy among the studios. The studios point to emails between Pixar employees—one of whom would be a class member—referring to a “gentleman’s agreement” between Pixar and another studio.

They also point to a 2006 meeting between Disney animation employees and the studio’s “president”—presumably, Ed Catmull—in which the president reportedly admitted to a non-poaching agreement among the studios. There is also a meeting between Pixar’s general manager and several interns that mentioned the “gentleman’s agreement,” and that Pixar uploaded the video of the meeting to the company’s intranet, available for all employees to see (and thus learn of the alleged conspiracy).

The studios refer to blog posts (including those made by the Animation Guild Blog), additional meetings, and other evidence, all arguably indicating that a substantial number of artists who make up the certified class had knowledge of the allegedly fraudulently concealed conspiracy.

And if they had knowledge of it, then that knowledge voids any concealment defense to the statute of limitations. In layman’s terms, any Disney, Pixar, Lucasfilm, or Dreamworks employee who had knowledge that they were being screwed by the studios should not be eligible to be a part of the lawsuit.

Judge Koh, in her certification ruling, addressed some of these concerns, pointing out that, for example, three months after being uploaded onto Pixar’s intranet, the video referencing the anti-poaching agreement had been edited to delete references to the agreement, and then re-uploaded. Judge Koh found much of the studios’ evidence of prior knowledge too general, that the information may have been available generally, but specific instances of knowledge were too few to warrant a limited class certification, and pointed out that the studios can later raise individualized statute of limitations defenses against specific class members.

The studios were obviously unconvinced, and now appeal to a higher court. No ruling from the Ninth Circuit is expected for several weeks. Until then, the class of artists covered by the lawsuit will remain in limbo.

The post Disney and Dreamworks Have Come Up With A New, Kooky Reason Why Wage-Theft Lawsuit Is Invalid appeared first on Cartoon Brew.

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2. L.A. Studio Cosmic Toast Shut Down Without Paying Its Artists: A Cartoon Brew Investigation

A Los Angeles animation studio creating work that appeared on Disney and Nick-owned platforms didn't pay it artists for months and suddenly shut down.

The post L.A. Studio Cosmic Toast Shut Down Without Paying Its Artists: A Cartoon Brew Investigation appeared first on Cartoon Brew.

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3. Former Digital Domain CEO John Textor Wins $8.5 Million For Bankrupting The Studio

Running an animation studio can be very profitable...especially if you destroy the studio.

The post Former Digital Domain CEO John Textor Wins $8.5 Million For Bankrupting The Studio appeared first on Cartoon Brew.

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4. The “Silk Road Spirit” in a time of globalization

In September 2013, during a visit to Central and Southeast Asia, Chinese President Xi Jinping first proposed the initiative of jointly building the Silk Road Economic Belt and the 21st-Century Maritime Silk Road. Consequently, the Collaborative Innovation Centre of Silk Road Economic Belt Studies has been established in Xi’an, China, which was the eastern starting point of the ancient road.

The post The “Silk Road Spirit” in a time of globalization appeared first on OUPblog.

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5. Youtube Announces Improvements to Copyright Claim System, But Does It Really Fix The Problem?

Youtube is trying to fix its broken copyright claim system, but there's still plenty of room for improvement.

The post Youtube Announces Improvements to Copyright Claim System, But Does It Really Fix The Problem? appeared first on Cartoon Brew.

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6. Sony Takes The High Road And Settles Animation Wage-Theft Lawsuit

While Disney, Pixar, Lucasfilm, and Dreamworks are still fighting against their employees, Sony has reached a settlement with the animation workers.

The post Sony Takes The High Road And Settles Animation Wage-Theft Lawsuit appeared first on Cartoon Brew.

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7. Why hasn’t the rise of new media transformed refugee status determination?

Information now moves at a much greater speed than migrants. In earlier eras, the arrival of refugees in flight was often the first indication that grave human rights abuses were underway in distant parts of the world.

The post Why hasn’t the rise of new media transformed refugee status determination? appeared first on OUPblog.

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8. A new European Regulation on insolvency proceedings

In June 2015, EU Regulation 2015/848 of 20 May 2015 on insolvency proceedings entered into force. This Regulation reformed – or, to be more precise, recast – EC Regulation 1346/2000, in order to tackle in a much more modern way cross-border insolvency cases involving at least one Member State of the EU (except Denmark).

The post A new European Regulation on insolvency proceedings appeared first on OUPblog.

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9. Human rights and the (in)humanity at EU’s borders

The precarious humanitarian situation at Europe's borders is creating what seems to be an irresolvable tension between the interests of European states to seal off their borders and the respect for fundamental human rights. Frontex, EU's External Border Control Agency, in particular has been since its inception in 2004 embroiled in a fair amount of public controversy.

The post Human rights and the (in)humanity at EU’s borders appeared first on OUPblog.

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10. No “mere servant”: The evolving role of the company secretary

Discussion on company law and corporate governance tends to focus on the role of the board of directors, the shareholders, the creditors, and the auditor, but surprisingly little attention is paid to company secretaries. Indeed, outside of the corporate sector, it is likely that many people would never have heard of the office of company secretary.

The post No “mere servant”: The evolving role of the company secretary appeared first on OUPblog.

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11. International criminal law and Daesh

On 20 April 2016, after hearing harrowing testimony coming from victims, the UK House of Commons unanimously adopted a resolution declaring "That this House believes that Christians, Yazidis, and other ethnic and religious minorities in Iraq and Syria are suffering genocide at the hands of Daesh; and calls on the Government to make an immediate referral to the UN Security Council [SC] with a view to conferring jurisdiction upon the International Criminal Court [ICC] so that perpetrators can be brought to justice" (HC Hansard 20 April 2016 columns 957-1000).

The post International criminal law and Daesh appeared first on OUPblog.

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12. The UK Competition Regime and the CMA

On 5 February 2015, the National Audit Office (NAO) published a report entitled "The UK Competition Regime". The report assesses the performance of the UK competition regulators, focussing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work.

The post The UK Competition Regime and the CMA appeared first on OUPblog.

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13. The conservation of biodiversity: thinking afresh

In many walks of life there is much talk about “disruptive” developments which bring change that shatters the established way of doing things. In relation to the conservation of biodiversity, we can see two very different developments which might have such an effect on the conventional legal approaches.

The post The conservation of biodiversity: thinking afresh appeared first on OUPblog.

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14. How legal history shapes the present

The field of "legal history" studies the relationship that “law” and legal institutions have to the society that surrounds them. "Law” means everything from local regulations and rules promulgated by administrative agencies, to statutes and court decisions. Legal history is interested in how “law” and legal institutions operate, and how they change over time in reaction to changing economic, social, and political conditions.

The post How legal history shapes the present appeared first on OUPblog.

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15. Brexit and employment law: a bonfire of red tape?

If you’ve been following the Brexit debate in the media, you no doubt will have noticed how European employment laws are frequently bandied around as the sort of laws that Britain could do without, thank you very much. As welcome as a giant cheesecake at the Weight Watchers Annual Convention, the European Working Time Directive is never far away from the lips of Brexiters.

The post Brexit and employment law: a bonfire of red tape? appeared first on OUPblog.

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16. Addressing Japanese atrocities

After decades of tension over Japan’s failure to address atrocities that it perpetrated before and during World War II, the island nation’s relations with its regional neighbors, China and South Korea, are improving. Last month, for the first time in years, representatives of Japan’s Upper House resumed exchanges with Chinese parliamentarians.

The post Addressing Japanese atrocities appeared first on OUPblog.

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17. Chills, thrills and surprises: ten years of freedom of information in the UK

The Freedom of Information (FOI) Act has been in the news again, when the controversial Independent Commission, much to the surprise of many, concluded the Act was ‘generally working well’, had ‘enhanced openness and transparency… there is no evidence that the Act needs to be radically altered’.

The post Chills, thrills and surprises: ten years of freedom of information in the UK appeared first on OUPblog.

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18. The Trade Union Bill 2016 and its likely effect on strike action

Making its way through parliament at present is the Trade Union Bill 2016, which at the time of writing is at the report stage of the House of Lords. The Bill has been the subject of much debate, both in parliament and the press. This article will consider the likely impact of its main strike provisions, should they come into force.

The post The Trade Union Bill 2016 and its likely effect on strike action appeared first on OUPblog.

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19. The quest for human rights

Planet Earth is becoming ever more interconnected and complicated. In this context, the quest for common interests is imperative in dealing with problems in international law and global affairs. International cooperation at every level is essential in achieving minimum and optimum world order—and with it human dignity and human security.

The post The quest for human rights appeared first on OUPblog.

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20. Preparing for the 110th ASIL Annual Meeting

This year’s ASIL Annual Meeting will take place from March 30 to April 2, at the Hyatt Regency Capitol Hill in Washington, D.C. The conference theme will focus on ‘Charting New Frontiers in International Law’, and evaluate the shifts that are creating new frontiers in the physical and conceptual structure of our international order.

The post Preparing for the 110th ASIL Annual Meeting appeared first on OUPblog.

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21. Brexit in the city: what would be the impact of the UK becoming a third country state?

Currently a UK-authorized bank, insurer or securities firm has the right to carry on business in another EEA state without further authorization. This passporting right allows UK firms to access European markets and over 2000 UK investment firms benefit from a passport under MiFID. UK firms will lose this right if it exits the EU without mutual recognition.

The post Brexit in the city: what would be the impact of the UK becoming a third country state? appeared first on OUPblog.

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22. Blue Sky Agrees To Settle Wage-Fixing Lawsuit With Animation Workers

This is a significant victory for the hard-working members of the feature animation community.

The post Blue Sky Agrees To Settle Wage-Fixing Lawsuit With Animation Workers appeared first on Cartoon Brew.

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23. Animator Max Hattler Accuses Bassnectar Of Profiting From His Films

Popular DJ and record producer Bassnectar has used Max Hattler's films for years without permission or compensation,

The post Animator Max Hattler Accuses Bassnectar Of Profiting From His Films appeared first on Cartoon Brew.

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24. From domestic violence to coercive control

When a major obstacle is removed to our progress, idealist intellectuals like myself rejoice. I was introduced to one such obstacle in the early l970s, when a woman hiding from her abusive husband in our home told us “violence wasn’t the worst part.” Like the millions of other victimized women we have served in the ensuing years, she understood that the prevailing equation of partner abuse with domestic violence has little relation to her lived experience of oppression.

The post From domestic violence to coercive control appeared first on OUPblog.

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25. The ‘Panama Papers’ and corporate transparency: The UK perspective

In early 2015, confidential documents were leaked to Süddeutsche Zeitung, a German newspaper. The documents leaked came from the internal database of Mossack Fonseca, a Panamanian law firm. Working with the International Consortium of Investigative Journalists and media organizations from around the world, the documents (which became known as the ‘Panama Papers’) were analysed and, on the 3 April 2016, media organizations around the world published their findings.

The post The ‘Panama Papers’ and corporate transparency: The UK perspective appeared first on OUPblog.

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