HutchersonLaw
Bottom Line Up Front: A federal judge in Tennessee denied a plaintiff’s request to proceed anonymously in an intimate image case, highlighting critical factors that determine when courts will allow pseudonymous litigation in revenge porn lawsuits. The ruling provides essential guidance for litigants navigating the intersection of privacy rights and public court proceedings. Case Overview…
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A recent Texas appellate decision serves as a stark reminder of the procedural pitfalls that can doom a case before the merits are ever considered. In In re Kinney, issued on May 15, 2025, the Thirteenth Court of Appeals in Corpus Christi-Edinburg dismissed an appeal on purely procedural grounds, highlighting a critical timing requirement that…
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Supreme Court Clarifies TCPA’s Application to Employers When Employee Speech Is at Issue In a significant development for Texas employers, the Supreme Court of Texas has interpreted the Texas Citizens Participation Act (TCPA) to cover certain negligent hiring, training, and supervision claims. In Walgreens v. McKenzie (No. 23-0955), decided on May 16, 2025, the Court held that…
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Commercial-Speech Exemption: The TCPA’s Crucial Limitation Highlighted in Zillow Case The Texas Citizens Participation Act (TCPA) serves as an important shield for free speech, allowing for early dismissal of lawsuits that target protected expression. However, a recent Texas Court of Appeals decision demonstrates a significant boundary to this protection: the commercial-speech exemption. The May 2025…
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Texas Supreme Court Limits Application of the Texas Citizens Participation Act to Discovery Disputes In a significant ruling that affects litigation strategy across Texas, the Texas Supreme Court has established clear boundaries on when the Texas Citizens Participation Act (TCPA) can be invoked in discovery disputes. The May 9, 2025 opinion in Ferchichi v. Whataburger…
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The same week that Spotify, the world’s biggest streaming service, went public on the New York Stock Exchange, it was sued by Wixen Music Publishing for copyright infringement in the United States District Court for the Central District of California. Wixen, a California based licensing company, handles copyright management and royalty compliance. They represent the…
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Intellectual property is extremely valuable to a business. It includes products, works, symbols, and designs that are owned by a company. Companies seeking to protect their intellectual property should first file an application with the United States Patent and Trademark Office (USPTO) or the United States Copyright Office. How do you know whether you need…
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What is Revenge Porn? Revenge porn is a form of online harassment in which your nude photos and videos are distributed without your consent. It is an epidemic. And, unfortunately for victims of revenge porn, the photo or video is usually accompanied with the victim’s identifying information. What should you know? How do you handle…
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While deriving inspiration from a work does not in and of itself establish copyright infringement, overwhelming similarities between two works can constitute infringement. This question—inspiration or infringement— seems to be practically synonymous with best picture Oscar winner The Shape of Water. In February 2018, the estate of Pulitzer Prize winning playwright Paul Zindel, sued Fox…
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Meme ˈmēm . You know them, you love them, you are always laughing at them. Memes are constantly copied and rapidly spread all over the Internet. But have you ever paused to consider where they come from and whether it is actually legal to share and re-post these pop culture picture excerpts? While those who share…
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