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Media & Entertainment
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May 13, 2024
Florida State Fee Fight Frozen Pending Ruling By NC Justices
A North Carolina state judge has pressed pause on the Atlantic Coast Conference's lawsuit against Florida State University in their public showdown over media rights fees, finding that they can't plow ahead when a pertinent question about jurisdiction is before the state's top court.
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May 13, 2024
ABC Says Trump Already Lost False Rape Claims In NY
ABC News has told a Florida federal court that former President Donald Trump's defamation lawsuit over statements made regarding writer E. Jean Carroll's two lawsuits against him is just an attempt to relitigate claims he has already lost in New York.
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May 13, 2024
Tesla Shareholder Alleges Drugs Fueled Musk's Erratic Posts
Tesla Inc. has failed to investigate reports that CEO Elon Musk used illicit drugs including ketamine, LSD and cocaine that may have influenced his social media posts, hurting stockholders and damaging the company's value, a shareholder has alleged in a recently unsealed amended complaint in Delaware's Court of Chancery.
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May 13, 2024
Feds' Fiber First Policy Slows Deployment, Report Says
Most states' plans to deploy broadband with funds from the National Telecommunications and Information Administration's BEAD Program have room for improvement, according to a new report from a technology think tank.
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May 13, 2024
New FCC Rules Preempt NY Broadband Price Cap, Prof Says
A Second Circuit ruling that revived New York's low-price broadband law in April should be reversed because the Federal Communications Commission's recent decision not to regulate rates for internet services preempts the Empire State's price cap, a law professor said Friday.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Ex-Miss. Gov. Accuses Former SI Publisher Of Defamation
Former Mississippi Gov. Phil Bryant and his wife have filed a defamation suit against the previous publisher of Sports Illustrated and one of its reporters over a story they say falsely swept them up in a sprawling scandal surrounding the misuse of welfare funds in their state.
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May 13, 2024
Celebrated Irish Jockey Sues USCIS For Denying EB-1 Visa
An accomplished jockey and steeplechase champion from Ireland is suing U.S. Citizenship and Immigration Services in Pennsylvania federal court, alleging that the agency wrongly denied his 390-plus page application for an EB-1 visa because he didn't respond to a request for additional evidence despite the original petition having ample evidence to support the classification.
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May 13, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 13, 2024
Cohen Says Trump Knew Hush Money Records Were False
Donald Trump's former attorney Michael Cohen took the witness stand Monday in the ex-president's New York criminal case, testifying that his longtime "boss" directed him to make hush money payments to alleged paramours and that Trump later agreed to the "legal services" label for a six-figure reimbursement despite seeing paperwork that showed otherwise.
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May 13, 2024
Archegos Boss Blew $36B, But It Was His To Lose, Jury Told
The founder of fallen hedge fund Archegos argued to a Manhattan federal jury Monday that charges of distorting markets and lying fall short because he believed in his $36 billion investment strategy but was upended by COVID-19 financial fallout.
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May 13, 2024
Justices Skip Website's Bid To Review Copyright Ruling
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that revived a copyright complaint accusing controversial web forum Kiwi Farms and its owner of infringing the works of self-published author Russell Greer, who wrote about his court battle with pop star Taylor Swift.
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May 13, 2024
Justices Reject COVID App Makers' Last-Ditch Apple Appeal
The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.
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May 13, 2024
Coverage Recap: Day 12 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Monday, day 12 of the trial.
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May 10, 2024
Epic Judge Raises Eyebrows About Apple's New 27% App Fee
The California federal judge overseeing Epic's antitrust case against Apple challenged the terms the tech giant is using to comply with her order to allow app developers to send users to outside payment platforms, saying Friday that Apple appears to be trying to maintain its past revenue with a new 27% fee.
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May 10, 2024
Starship Enterprise Finders Accuse Auction House Of Fraud
A pair of friends who found the long-lost model of the USS Enterprise starship featured in the "Star Trek" TV series have accused a prominent auction house of cheating them out of hundreds of thousands of dollars by secretly negotiating a cheaper deal with the son of the series creator for publicity.
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May 10, 2024
Reddit Accused Of Charging Advertisers For Fake Clicks
An artificial intelligence trading platform hit Reddit with a proposed class action on behalf of advertisers alleging that it has been charged for fraudulent "clicks" while promoting its business on the social media company's website, according to the suit filed in California federal court.
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May 10, 2024
Congress Wants Microsoft Prez To Testify On Security Failures
A congressional committee has asked Microsoft President Brad Smith to testify at a public hearing about the company's cybersecurity measures and response to recent successful attacks against government officials by Russian and Chinese hackers, according to a letter posted Friday on social media platform X.
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May 10, 2024
TV Guru's New Judge Will 'Bite The Bullet' To Help FTC Case
An Illinois federal judge who inherited a 21-year-old fraud case against weight-loss guru Kevin Trudeau said Friday that he's going to "bite the bullet" and try to address some of the enforcement case's "borderline unsolvable" problems to hopefully streamline litigation and aid judgment collection efforts.
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May 10, 2024
Nipple Covers Don't Stick To Body As Advertised, Suit Says
Cakes Body LLC faces a putative class action filed Thursday in California federal court by a consumer who says the company falsely creates the impression that its reusable nipple covers function as alternatives to bras that adhere to the body, but that the product doesn't work as advertised.
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May 10, 2024
Fed. Circ. Questions Claim Construction In Google Ad Row
Federal Circuit judges took issue with a district court's claim construction in digital advertising company Impact Engine's infringement summary judgment loss to Google, but questioned why the ad startup didn't raise its objections earlier.
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May 10, 2024
US Soccer, Relevent Sports Aim To Settle Antitrust Dispute
Relevent Sports' antitrust lawsuit against the U.S. Soccer Federation over its alleged monopoly on professional matches in the United States was referred to a magistrate judge on Friday so the parties can try to work out a settlement.
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May 10, 2024
Disney Can't Dodge Biased Firing Suit, 'Star Wars' Actor Says
An actor featured in "Star Wars" spin-off series "The Mandalorian" urged a California federal judge to reject Disney's bid to dismiss her suit alleging she was illegally fired for sharing her political views on social media, arguing the company hasn't shown that her posts impeded its artistic expression.
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May 10, 2024
X Corp.'s Data Scraping Suit Stymied By Copyright Act
A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.
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May 10, 2024
Fox Theatre Let Sex Harassment Go Unchecked, Suit Says
A former worker at Atlanta's Fox Theatre filed a lawsuit this week accusing the historic venue of allowing sexual harassment to run rampant among its ranks, refusing to discipline employees who made lewd comments — and worse — while retaliating against those who complained.
Expert Analysis
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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How Policymakers Can Preserve The Promise Of Global Trade
Global trade faces increasing challenges but could experience a resurgence if long-held approaches adjust and the U.S. accounts for factors that undermine free trade's continuing viability, such as regional trading blocs and the increasing speed of technological advancement, says David Jividen at White & Case.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Takeaways From Groundbreaking Data Transfer Order
A recent first-of-its-kind executive order and related proposed rulemaking lay the groundwork for important outbound U.S. data protections, but they may have unintended consequences related to the types of data and the subjects within their scope, say attorneys at Kirkland.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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The Epic Antitrust Cases And Challenges Of Injunctive Relief
The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.