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September 16, 2024
Judges Examine Who Has Free Speech Rights In TikTok Case
A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.
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September 16, 2024
Parent Drops Suit Alleging Video Game Addiction
An Arkansas parent has dropped their lawsuit alleging popular entertainment company make addictive video games like Fortnite and Call of Duty that they said had drastic negative implications on their 14-year-old child's life.
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September 16, 2024
5th Circ. Rejects Favre's Hail Mary In Sharpe Defamation Fight
The Fifth Circuit on Monday affirmed the dismissal of Brett Favre's defamation suit against fellow former NFL star Shannon Sharpe, who called him a "sorry mofo" on air, ruling Sharpe was allowed to express his opinions about Favre's alleged involvement in a sprawling Mississippi welfare fraud scheme.
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September 16, 2024
Nothing Novel About Trump Ex-Atty's Case, Justices Told
Former President Donald Trump urged the U.S. Supreme Court to reject his former attorney Michael Cohen's bid for another look at his suit claiming he was imprisoned as payback for his memoir about his time as Trump's so-called fixer, arguing there's nothing novel about the matter.
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September 15, 2024
'Hold On,' Don't Play Me: Court Says Trump Can't Use Song
Former President Donald Trump and his campaign cannot use the Isaac Hayes-penned song "Hold On, I'm Comin'" at future campaign events, a federal court in Georgia has ruled.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Trump Can't Rock Down To 'Electric Avenue,' Court Finds
Former President Donald Trump lost a copyright lawsuit Friday that alleged his campaign improperly used the song "Electric Avenue" in a social media video attacking President Joe Biden.
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September 13, 2024
23andMe Inks $30M Data Breach Deal With 6.4M Users In MDL
Personal genomics company 23andMe has reached a $30 million settlement to resolve multidistrict class action litigation on behalf of more than 6 million customers whose personal data was stolen and in some cases leaked onto the dark web, according to a California federal court filing Thursday.
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September 13, 2024
What To Know About The Google AdTech Trial
Google is set to resume its battle with the Department of Justice in a courtroom in Alexandria, Virginia, in one of the year's most high-profile lawsuits. The central question: Did the Californian search giant illegally monopolize the advertising technology space? Here, Law360 looks at takeaways from the first week's action.
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September 13, 2024
Judge Orders Mobile IV Co. To Stop Eli Lilly Infringment
A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Ga. Lawyers Group Blast 'Chill' Of Young Thug Atty Contempt
A Georgia criminal defense lawyers group has called on the state Supreme Court to erase the contempt conviction of an attorney representing rapper Young Thug for the lawyer's refusal to reveal how he learned about a judge's closed-door meeting with prosecutors and a witness, saying the sanction could have a chilling effect on attorneys' ability to represent criminal defendants.
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September 13, 2024
FuboTV Antitrust Trial Against Disney Set For Fall 2025
FuboTV's antitrust trial against the launch of a new sports streaming service by The Walt Disney Co., Fox Corp. and Warner Bros. Discovery is set to begin Oct. 6 next year, according to a court filing Thursday.
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September 13, 2024
Sky Can't Force Ofcom To Revisit End-Of-Contract Decision
Sky UK lost its attempt on Friday to force Ofcom to reconsider whether the media company broke consumer protection rules, even though Britain's competition tribunal has found that the telecommunications regulator had made mistakes in its original decision.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
PE Giant KKR's Plan To Buy Entertainment Biz Gets EU Nod
Europe's antitrust authority said Friday that it has cleared plans by private equity giant KKR & Co. to buy entertainment business Superstruct from Providence Equity Partners LLC.
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September 13, 2024
Arthur Cox-Led Betting Biz Buys $350M Stake In Brazil Rival
Sports betting giant Flutter Entertainment PLC said on Friday that it has bought a 56% stake in NSX Group, operator of Brazil's Betnacional gambling brand, for approximately $350 million as it looks to expand internationally.
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September 12, 2024
2nd Circ. Rejects Another Trump Bid To Halt Hush Money Case
The Second Circuit on Thursday rejected former President Donald Trump's request for an emergency order pausing his criminal hush money case, citing New York state court Justice Juan M. Merchan's decision to push his sentencing hearing from Sept. 18 until after the election.
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September 12, 2024
FCC Tells 6th Circ To Affirm Net Neutrality
The Federal Communications Commission told the Sixth Circuit the agency acted well within the law when it reimposed net neutrality limits on broadband providers and urged the court to reject industry claims that the commission's authority to regulate high-speed internet service is a "major question" that only Congress may address.
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September 12, 2024
McKinsey Partner Can't Undo $11M Music Piracy Judgment
An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.
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September 12, 2024
Nippon's Push To Save US Steel Buy And Other Deal Rumors
An executive of Japan-based Nippon flew to Washington, D.C., this week to push for approval of its $14.9 billion deal with US Steel, the FTC is wary of a Canadian takeover of 7-Eleven, and a former NBA player is buying a 10% stake in the Milwaukee Bucks. Here, Law360 breaks down these and other notable deal rumors reported over the past week.
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September 12, 2024
Disneyland Performers Can Join Colleagues In Existing Union
Certain Disneyland performers can have the opportunity to vote to join an existing bargaining unit, the National Labor Relations Board ruled, overturning an NLRB judge's decision that they didn't share enough in common with existing members of the union to be part of their unit.
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September 12, 2024
Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction
The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.
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September 12, 2024
Employment Firm GQ Littler Hires Pro From Baker McKenzie
GQ Littler has hired a long-serving employment lawyer at Baker McKenzie to its office in London to represent U.K. and international clients, particularly in the financial services, technology and media sectors.
Expert Analysis
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case
There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Trump's Best Hush Money Appeal Options Still Likely To Fail
The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.