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April 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.
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April 04, 2024
Google Ad Privacy Class Loses Cert. Bid, For Now
A California federal judge Thursday refused to certify a class of potentially tens of millions of Google account holders alleging the company's ad auction practices violate privacy rights, saying that while the consumers have hit many certification requirements, the current class definition is improperly fail-safe.
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April 04, 2024
CFPB Says Online Games May Pose Financial Risks To Users
The Consumer Financial Protection Bureau said Thursday that it sees significant financial and privacy risks facing consumers in the multibillion-dollar digital gaming market and will be keeping a close eye on online game and "virtual world" business practices as these platforms become increasingly financialized.
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April 04, 2024
'No Madonna Fan' Expects Show At Ticket Time, Singer Says
Madonna, Live Nation and the Barclays Center asked a New York federal judge to toss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, saying no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.
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April 04, 2024
Pauly Shore, Comedy Club Sued Over Alleged 'Brutal' Attack
A Los Angeles comedian sued Pauly Shore and his West Hollywood comedy club in California state court Thursday, seeking to hold the famous comedian liable for bouncers allegedly brutally attacking him outside the club after he left his debit card with a waitress and forgot to close his bar tab.
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April 04, 2024
Atlantic, Warner Music, Exec Sued Over Alleged 2017 Rape
Atlantic Records, Warner Music Group and Dallas Martin, the president of Asylum Records, are facing a civil suit in California state court by a singer who alleges Martin raped, drugged and sexually assaulted her after she met with him under the guise of a job interview.
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April 04, 2024
FCC Refuses To Restore Pa. Felon's FM Radio License
The Federal Communications Commission has denied a Pennsylvania man's request to restore his radio license after he pled guilty to using a hidden camera to take and send nude photos of a woman.
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
DraftKings Beats Bettors' Suit Tied To Damar Hamlin Collapse
DraftKings on Thursday defeated a proposed class action when a federal judge found that the online sports betting platform followed its own rules after a Monday Night Football game was halted and ultimately canceled due to the collapse of Buffalo Bills safety Damar Hamlin.
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April 04, 2024
Google Files RICO Suit Alleging Crypto, Investing App Scams
Google hit a pair of China-based app developers with a racketeering lawsuit in New York federal court Thursday, claiming they defrauded more than 100,000 users with dozens of fake investment and cryptocurrency exchange apps placed on the Google Play store that bilked users out of their money.
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April 04, 2024
ISP Tells FCC Bulk Billing Deals Are Pro-Consumer
An internet service provider is trying to convince the Federal Communications Commission that banning bulk billing in apartment buildings is not the way to go and that the arrangements are actually a "key tool for closing the digital divide."
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April 04, 2024
Young Thug Can't DQ Prosecutor Over Questions To Witness
An Atlanta judge on Thursday denied a motion to disqualify the lead prosecutor in the racketeering trial against rapper Young Thug and five others after weighing claims that she had made herself a witness, according to defense counsel.
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April 04, 2024
Athletes Say NCAA's Own Actions Prove NIL Rules No Good
Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.
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April 04, 2024
Morgan Stanley, Goldman Sachs Can't Duck Archegos Claims
A New York appellate court on Thursday affirmed a decision refusing to dismiss ViacomCBS investors' claims against Morgan Stanley, Goldman Sachs and a long list of banks over the collapse of Archegos Capital Management, finding that investors plausibly identified statements the banks made that could have been misleading.
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April 04, 2024
FCC's Net Neutrality Plan Leaves Network 'Slicing' Uncategorized
The Federal Communications Commission will not automatically apply net neutrality rules to 5G mobile network "slices" when a plan to reimpose the rules on broadband service comes up for an agency vote later this month, but also said slices cannot be used to evade the regulations.
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April 04, 2024
Ex-CBP Agent Avoids Prison For Selling King Of Pop Signature
A 75-year-old former border agent who pled guilty to selling a customs declaration form signed by late singer Michael Jackson ducked prison time Thursday when a federal judge in North Carolina instead sentenced him to a year of probation.
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April 04, 2024
Broadband Providers Won't Pay Into Telecom Subsidy Fund
Broadband providers will not have to pay into the Federal Communications Commission's subsidy system even after being categorized as a telecom service under the FCC's net neutrality plan that was released Thursday.
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April 04, 2024
Kiss Sells Their Souls To PE Fund, Throws In Music Too
Less than a year after playing their final show, members of '70s rock band Kiss said on Thursday that they're selling off their intellectual property to a private equity outfit owned by the guitarist of ABBA who is already promising investors that "plans for a biopic, an avatar show, and a Kiss-themed experience are already in the works."
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April 04, 2024
NTIA Knocks Out Enviro Hurdles For Broadband Permitting
The list of things that broadband deployment projects will have to conduct in-depth environmental assessments for is getting shorter after the National Telecommunications and Information Administration created 30 new "categorical exclusions" in the hopes of cutting red tape.
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April 04, 2024
Brett Favre Fights To Revive Miss. Defamation Suit In 5th Circ.
Retired NFL quarterback Brett Favre is arguing to the Fifth Circuit that fellow Hall of Fame inductee Shannon Sharpe's broadcast comments about his alleged involvement with a huge Mississippi welfare fraud could not be excused as hyperbole, in an attempt to revive a defamation suit against Sharpe.
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April 04, 2024
Wireless Orgs Say DOD's 3 GHz Sharing Report Is 'Incomplete'
Wireless industry interests are calling for further study on commercial use of the 3 gigahertz band following the public release of a Department of Defense report claiming that a wide range of conditions would need to be met before the band could be opened up.
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April 04, 2024
Judge Won't Pause Dismissal Of $114M Discord Stock Case
A Houston judge has denied a bid from federal prosecutors to pause the dismissal of an indictment that accused eight men of running a $114 million pump-and-dump stock scheme, writing that the government's argument for a stay largely rehashes the merits of dismissing the case and "is not particularly persuasive."
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
Litigating On The Front Lines Of Pac-12 Power Struggle
The mass exodus from the Pac-12 sparked fierce litigation over the considerable money and power at stake for the conference, challenging attorneys to deal with a high-pressure dispute moving along at breakneck speed. One lawyer at the center of the fight recently spoke with Law360 about the unique challenges he and his team had to address.
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April 04, 2024
CNN Sues DOJ For Biden's Special Counsel Interview Tapes
CNN has hit the U.S. Department of Justice with an open-records suit seeking all audio and video recordings of President Joe Biden's five-hour interview with special counsel Robert Hur last October, saying in D.C. federal court Thursday that they "will help the public evaluate Hur's decision not to charge Biden and to close the investigation into classified documents found at Biden's former office and private residence."
Expert Analysis
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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NY Rulings Show Tough Odds For 'Made With' Class Actions
Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.
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Hollywood Labor Negotiations Provide AI Road Map
Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Calif. Delete Act Paves Way For Data Broker Accountability
California's recent enactment of a law that will allow state residents to delete personal information held by some 500 data brokers shows there is renewed focus on holding an extremely lucrative but underregulated industry accountable — but doing so may require both legislation and litigation, says Karina Puttieva at Cohen Milstein.
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How 2nd Circ. Clarified A Key Right Of Publicity Claim Issue
Mark Baghdassarian and Shannon Hedvat at Kramer Levin provide an overview of state law right of publicity claims, the federal Copyright Act, and how the two intersect in the Federal Circuit's finding in Melendez v. Sirius that the federal law preempts the state claims in cases like these.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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TikTok Fine Highlights EU Approach To Children's Data Rights
Following the Irish Data Protection Commission's recent fine against TikTok for breaching children's data protection rights, organizations should adopt a proactive approach and implement measures aiding compliance with the General Data Protection Regulation, says Carla Murray at Myerson.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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X Rebrand Of Twitter Will Keep USPTO Busy
Trademark applications filed by X, formerly known as Twitter, for its namesake character mark face several registration hurdles at the U.S. Patent and Trademark Office, including the ability to prove that the mark is sufficiently distinct and not generic, says Lindsey Sadler at Dorsey & Whitney.
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Opinion
SEC Actions Against Musk Are Constitutionally Defective
The U.S. Securities and Exchange Commission's recent subpoena enforcement action against Elon Musk may be constitutionally and statutorily deficient — and the commission staff who issued the subpoenas and the action may have been unconstitutionally appointed, say Alex Lipman at Lipman Law and Justin Weddle at Weddle Law.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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AI Artwork And The Thaler Copyright Roadblock
A D.C. federal court's recent decision in Thaler v. Perlmutter casts serious doubts on the prospects for granting full copyright protections to the output of today's exponentially advancing artificial intelligence systems, but there are ways for applicants to prepare for hurdles, says Matthew Carey at Marshall Gerstein.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.