Last Tuesday, the Authors Guild and 17 authors, including George R.R. Martin, Jonathan Franzen, Elin Hilderbrand, John Grisham and Jodi Picoult, filed a proposed class action complaint against OpenAI, alleging direct, vicarious and contributory copyright infringement. The Plaintiffs seek “redress for Defendants’ flagrant and harmful infringements of Plaintiffs’ registered copyrights in written works of fiction.”

Plaintiffs’ complaint alleges that: Continue Reading Authors Guild and 17 Well-Known Authors Claim OpenAI Infringes Their Copyrighted Works

Yesterday, the Second Circuit affirmed Judge Stein’s decision last year to dismiss a suit by Citizens United challenging New York’s charity reporting laws (see our previous coverage here). Citizens United challenged the New York Attorney General’s requirement that charities file an un-redacted Schedule B, a form listing the names and contribution amounts of the charity’s donors, before receiving a license to solicit contributions in the state.
Continue Reading Second Circuit Affirms Dismissal of Suit Challenging New York’s Charity Reporting Laws

Today, Judge Stein dismissed claims by Citizens United challenging New York’s reporting requirements for charities in the state (see our previous coverage here).  Citizens United challenged the New York Attorney General’s requirement that charities file an un-redacted Schedule B, a form listing the names and contribution amounts of the charity’s donors, before receiving a license to solicit contributions in the state.  Judge Stein found that the complaint did not allege that that law failed to advance important government interests :
Continue Reading Judge Stein Dismisses Citizens United’s Challenge to New York’s Charity Reporting Laws

The SDNY Blog is relaunching as a publication of Steptoe & Johnson LLP.  We expect to post several times a week on decisions and other developments in the Southern District of New York.  You can find us right here at www.sdnyblog.com, or follow us on Twitter or Facebook.

Here’s a quick summary of what’s been happening in the Southern District while we were away:

  • Judge Berman vacated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady for his alleged role in deflating footballs used during the 2015 AFC Championship Game.  Judge Berman concluded that “Brady had no notice that he could receive a four-game suspension for general awareness of ball deflation by others or participation in any scheme to deflate footballs, and non-cooperation with the ensuing Investigation.”

Continue Reading SDNY Blog Returns as Steptoe Blog

In an opinion issued yesterday, Judge Stein certified two classes of plaintiffs – a national class and a New York class – bringing fraud claims against internet dating web site It’s Just Lunch (“IJL”).  The class representatives claim to have been defrauded into paying $1,000 for a year-long membership to IJL based on “corporate‐mandated

In an opinion today, Judge Stein dismissed a case accusing Citibank of fraud and negligent misrepresentation for understating its exposure to mortgage-backed securities.  He dismissed the case because the plaintiffs were “holders” of the stock during the relevant time period (i.e., they did not buy at inflated prices and sell at a loss), and relied principally on a First Department decision in 2010, Starr v. AIG, which held that “holders” could not bring claims.  Judge Stein rejected the argument that Starr would not be adopted by the Court of Appeals:
Continue Reading Judge Stein Concludes Security “Holders” Cannot Bring Fraud Claims Under New York Law, Dismisses Case Against Citi

In a decision yesterday, Judge Stein ruled that the government of Iraq could not recover against dozens of companies accused of manipulating the U.N. Oil-for-Food Program. The program “was designed to permit Iraq to sell its oil to third parties, as long as the proceeds were used to purchase food and medical supplies for the Iraqi population.” The defendants were accused of a scheme that Judge Stein described as “both intricate and simple: the Hussein Regime priced its oil below the market price in order to facilitate kickback payments from buyers, and it overpaid for food and medicine in order to facilitate side payments to it from sellers in the form of surcharges.” Judge Stein found that the “grave allegations of the Complaint paint a picture of a people oppressed and of a repressive government resolved to frustrate the international community’s efforts to intervene to assist the Iraqi people,” but nevertheless dismissed the case based on (among other reasons) the Iraq government’s own role in the scheme:
Continue Reading Judge Stein Dismisses Case Brought By Iraq Against Companies Accused of Manipulating the U.N. Oil-For-Food Program