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Media & Entertainment
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June 12, 2024
Dershowitz Wants Jury To Decide Defamation Suit Against CNN
An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.
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June 12, 2024
GameStop Raises More Than $2.1B In Share Sale
GameStop Corp. has raised over $2.1 billion as part of a share sale, with plans to use the proceeds for general corporate purposes such as future acquisitions or investments.
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June 12, 2024
FBI Told OneTaste Witness To Delete Evidence, Ex-Execs Say
Two former executives of sexual wellness company OneTaste Inc. said they uncovered "shocking" evidence that an FBI agent told a former employee of the business and key government witness to delete an old email account, allegedly destroying exculpatory evidence in a forced-labor conspiracy case.
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June 12, 2024
First 'Survivor' Winner Wants $3M Tax Case Tossed
The winner of the first season of the TV series "Survivor" asked a Rhode Island federal court to toss the government's case against him seeking nearly $3.3 million in unpaid taxes, saying the liabilities stem from his flawed criminal conviction for tax evasion nearly 20 years ago.
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June 12, 2024
Shareholders To Settle Discovery-AT&T Merger Suit In Del.
Former shareholders of Discovery Inc. who sued in Delaware's Court of Chancery over the media entertainment company's $43 billion merger with AT&T in 2022 have agreed to settle their class action and intend to finalize settlement documentation by July 5, the parties told the court late on Tuesday.
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June 11, 2024
Martin Shkreli Told To Hand Over Wu-Tang Album
A New York federal judge ordered Martin Shkreli on Tuesday to hand over any copies he might have of the Wu-Tang Clan's album he once bought before it was sold off by the federal government to settle a $7.3 million tab from Shkreli's criminal judgment on securities fraud.
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June 11, 2024
Musk Drops Suit Against OpenAI On Eve Of Dismissal Hearing
Elon Musk on Tuesday voluntarily dismissed his suit accusing former business partner and OpenAI CEO Sam Altman of betraying his promises to run the artificial intelligence operation as a nonprofit, a move that comes the day before a hearing was set on OpenAI's dismissal bid.
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June 11, 2024
NFL Sunday Ticket Monopoly Cost Fans $7B, Expert Testifies
An economist testifying as an expert for the plaintiffs in a California federal trial over multibillion-dollar antitrust claims brought against the NFL by DirecTV Sunday Ticket subscribers said Tuesday that subscribers suffered over $7 billion in damages from DirecTV's alleged monopoly on the television package.
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June 11, 2024
Quinn Emanuel Swapped Sides For X Suit, Data Co. Says
Israeli data collector Bright Data Ltd. asked a California federal judge on Tuesday to disqualify law firm Quinn Emanuel Urquhart & Sullivan LLP from representing social media company X Corp., which is suing Bright Data over its data-scraping practices, accusing the firm, which was once contracted by the data company for advice in a similar matter, of switching sides.
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June 11, 2024
NFL Balks At Delays, Amendments To Mobile App Privacy Suit
A proposed class action alleging that the NFL failed to protect data on its mobile app should not be allowed to replace the lead plaintiff, especially after he has exhibited a "lack of diligence and delay" during the suit, the league told a Rhode Island federal judge Tuesday.
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June 11, 2024
4 More States Join DOJ's Antitrust Suit Against Apple
The attorneys general of Washington, Massachusetts, Nevada and Indiana on Tuesday became the latest to join the U.S. Department of Justice's antitrust lawsuit in New Jersey federal court claiming Apple is monopolizing the smartphone market.
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June 11, 2024
Roblox Based Forecast On 'Tenuous' Factors, Investor Says
A Roblox Corp. shareholder accused the online gaming platform in California federal court Monday of misleading investors with projected online sales revenue that came in at least $100 million short, boasting of its technology developments and advertising efforts despite knowing those revenue opportunities were "tenuous at best."
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June 11, 2024
6th Circ. Judge Wary Of Party Dissenters' 'Right' To Use Logo
A Sixth Circuit judge seemed skeptical on Tuesday that limiting a dissenting faction of the Libertarian Party of Michigan's use of the name and logo of the Libertarian National Committee infringes the group's speech rights, saying members can still voice their opinions.
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June 11, 2024
Dish Fights To Weigh In On Spectrum False Claims Act Case
Dish Network deserves a say in whether the whistleblower claims accusing it of using sham companies to scam the government out of some $3.3 billion are dismissed — and the relator's suggestion that it doesn't is "facially absurd," the company has told the court.
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June 11, 2024
Sports Anchor Sues Agency Over Handling Of ESPN Feud
Former ESPN anchor Sage Steele sued her representatives at Creative Artists Agency in California court Tuesday, alleging that the agency did not sufficiently advocate for her during a public dispute over comments she made regarding her employer's COVID-19 vaccine mandate.
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June 11, 2024
Biz Groups Urge 6th Circ. To Put Net Neutrality On Hold
Industry groups want the Sixth Circuit to put the Federal Communications Commission's net neutrality rules on hold while they are litigated and to reject an FCC bid to move numerous consolidated challenges to the D.C. Circuit.
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June 11, 2024
Adeia, X Reach Deal In IP Dispute
A California federal judge has agreed to stay a case where X, formerly known as Twitter, filed a declaratory judgment action against Adeia, while the parties work through a settlement.
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June 11, 2024
FINRA Fines Brokerage TradeZero Over 'Finfluencer' Promos
The Financial Industry Regulatory Authority has fined broker-dealer TradeZero America Inc. $250,000 for allegedly failing to properly supervise its influencer partners, who promoted the firm on their social media accounts.
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June 11, 2024
Baldwin Urges Court To Block 'Rust' Armorer's Testimony
Alec Baldwin's legal team has urged a New Mexico state judge to prevent prosecutors from calling a convicted "Rust" film armorer to testify against the actor-producer during his upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.
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June 11, 2024
Texas AG Urges DC Circ. To Revive Media Matters Probe
Texas Attorney General Ken Paxton wants the D.C. Circuit to revive his investigation into progressive media watchdog Media Matters' reporting on the social media platform X, saying the D.C. federal court had no authority to interfere with the probe.
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June 11, 2024
Paramount Asks Court To Send 'Top Gun' IP Suit Packing
Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.
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June 11, 2024
Charity Founder Charged With Embezzling $2.5M, Evading Tax
The founder of a New York City charity embezzled $2.5 million in donations meant for low-income families and then failed to report the earnings to the Internal Revenue Service or pay tax on them, according to a criminal complaint unsealed Tuesday in New York federal court.
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June 11, 2024
Fla. Judge OKs Strip Club And Dancers' $165K Wage Deal
A South Florida strip club operator will pay $165,000 to dancers who claimed they were misclassified as independent contractors and denied minimum wages, under a settlement agreement approved by a federal judge.
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June 11, 2024
Elon Musk Sued Anew In Del. Over $16B Tesla Stock Sale
A Tesla shareholder has hit Elon Musk with a lawsuit over his 2021 sale of $16 billion worth of stock just before his purchase of Twitter, claiming the billionaire profited by concealing his intent to buy the social media platform and made the purchase in part to reinstate former President Donald Trump's account.
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June 10, 2024
Privacy Law Needs Broader State Override, Trade Groups Say
Nearly two dozen business groups are calling on Congress to expand the preemption provisions in proposed legislation to give consumers more control over their personal information, arguing that the current draft "falls short" of creating a uniform national data privacy framework by failing to fully override the emerging state law patchwork.
Expert Analysis
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.