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May 31, 2024
As Broadband Subsidy Ends, Biden Pushes For Renewal
The White House pressured Congress on Friday to allocate new funding for the Affordable Connectivity Program as the subsidy officially shut down, cutting off a broadband discount to millions of low-income households.
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May 31, 2024
Trump Condemns NY Trial As Verdict Echoes In DC
A day after his conviction on 34 felony counts, former president Donald Trump on Friday attacked the Manhattan jury's verdict in a lengthy speech that mischaracterized multiple elements of the case as the decision reverberated through Washington, D.C.
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May 31, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.
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May 31, 2024
Activist Donerail Pushes Ex-Barstool Owner Penn To Sell
Activist Investor Donerail Group on Friday pushed Penn Entertainment Inc. to pursue a sale, ripping the company for a "failed" online gaming strategy that has "destroyed shareholder value," including its $1 sale of Barstool Sports and launch of a new betting platform with ESPN.
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May 30, 2024
Trump's Niece Can't Escape His Suit Over NYT Tax Story
A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.
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May 30, 2024
Gov't Broadband Rules Must Not Deter Providers, NTIA Told
Small to medium-size internet providers could shy away from the federal government's massive broadband expansion program if rules requiring low-cost internet service end up being too heavy-handed, industry groups told the U.S. Department of Commerce.
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May 30, 2024
Morgan Stanley Helped Musk's Stealth Twitter Buys, Suit Says
Elon Musk and his wealth manager tapped Morgan Stanley to help the Tesla CEO quietly acquire billions of dollars in Twitter securities without tipping off the market before he announced plans to take over the social media company, according to an amended complaint filed in New York federal court.
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May 30, 2024
Musk Won't Appeal Deposition Order In SEC's Twitter Case
Elon Musk has agreed to waive his right to appeal a California federal judge's order forcing him to testify again in the U.S. Securities and Exchange Commission's suit over his $44 billion acquisition of Twitter, now known as X, according to a stipulation filed Thursday.
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May 30, 2024
Madonna Fan Didn't Cherish Late Show With Nudity, Suit Says
Madonna and four concert venues were hit with a class action in California state court Wednesday by a fan who says he purchased a $500 ticket to see the pop singer in an "uncomfortably hot" arena that featured a lip-syncing star who took the stage very late with "pornographic" topless dancers.
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May 30, 2024
'I Don't Need Help Running The Court,' Judge Chides Attys
A Michigan state judge on Thursday appeared frustrated with attorneys for MGM and its former law firm arguing over potential conflicts in an underlying case, telling them to stop avoiding his questions and saying he didn't "need help running the court."
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May 30, 2024
X Corp. Aims For 'Jugular' In Defamation Suit, Watchdog Says
Media Matters for America says X Corp. shouldn't be allowed to target the left-leaning media watchdog's "financial jugular" by accessing its donor lists or its most sensitive financial documents, asking a federal judge Wednesday to reject the social platform's attempt to force production of the documents in a defamation suit.
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May 30, 2024
Netflix Fails To Show Inventor, Funder Violated Injunction
A California federal judge has said Netflix couldn't prove a Finnish inventor violated an injunction tied to his concealment of certain legal funds, or that a litigation fund manager the inventor worked with needs to face claims tied to that concealment.
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May 30, 2024
FCC Lifts Freeze On TV Stations Changing Channels
Class A and low-power television stations will now be able to change the channel with the Federal Communications Commission's blessing, something the agency has announced it is willing to give under the right circumstances for the first time in 14 years.
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May 30, 2024
Only $100K Owed For NJ Theater's Virus Losses, Judge Says
A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.
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May 30, 2024
5th Circ. Says WWII Art Transfer Is Act Of Foreign Gov't
The Fifth Circuit said it's not its job to determine whether a Netherlands art foundation wrongly transferred to the United States an 18th-century painting once seized by Nazi Germany, upholding the dismissal of a suit filed by a Jewish art collector's heir over the 1949 transfer.
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May 30, 2024
UPenn Retools Fight Against Defamation Suit Over Email
An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.
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May 30, 2024
Chicago Kiosk Salesman Gets 1 Year For Filing False Returns
An electronic-sweepstakes kiosk salesman from Chicago was sentenced to a year in prison for filing false tax returns that included more than $500,000 in inflated business expenses, according to Illinois federal court documents.
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May 30, 2024
Honduran Workers Say Carnival Overworked, Underpaid Them
Two Honduran seasonal workers have filed suit in a Virginia federal court, saying they were forced to work 80 hours a week assembling and disassembling rides for a traveling carnival for only a little more than $400 a week.
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May 30, 2024
StubHub Owes TicketManager $16M For Breach, Jury Says
A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company's relationship with American Express.
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May 30, 2024
Here's What Comes Next After Trump's Conviction
Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.
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May 30, 2024
ITC Judge Clears Amazon In Video Tech Co.'s Patent Case
A U.S. International Trade Commission judge has found that Amazon hasn't broken federal patent trade law by importing streaming products, dealing a setback to video technology company DivX LLC in its infringement case.
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May 30, 2024
NCAA Loses Bid To Sink Reggie Bush Defamation Suit
The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.
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May 30, 2024
'South Park'-Quoting Judge Says CEO Can't 'Blame Canada'
In a ruling drawing on the show about four foul-mouthed boys from Colorado, a Pennsylvania federal judge said a CEO who sued his former company could not blame Canada for an unfavorable arbitration ruling in a case where he claimed he was wrongly fired from his post.
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May 30, 2024
DOJ's Kanter Says AI Cos. Could Exploit Creators
The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.
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May 30, 2024
FCC Subsidy Reforms Could Be Drafted On Capitol Hill Soon
A working group on Capitol Hill studying a potential overhaul of the Federal Communications Commission's subsidy regime could produce draft reforms soon, but a big stumbling block will be how to expand contributions to the fund, telecom experts say.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.