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Media & Entertainment
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November 22, 2024
Calif. Panel Affirms Six Flags' Trial Win In Coaster Injury Case
Six Flags isn't liable for a woman's injury after her hand was crushed by a railing while waiting to get on the Twisted Colossus roller coaster, California appellate justices said Thursday, finding the park didn't have a heightened duty of care since she was injured before she got on the ride.
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November 22, 2024
Dish To Pay $100K For Failing To Deploy 911 Location Tech
Dish has agreed to pay $100,000 after the Federal Communications Commission said it failed to comply with vertical location rules to help 911 dispatchers find emergency callers.
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November 22, 2024
UK Enforcers Concerned Over Apple Mobile Browser Policies
British competition enforcers said Friday that Apple's policies are holding back innovation in the mobile browser space and called for an investigation of the roles played by Apple and Google in the mobile ecosystem under new rules coming into force next year.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
FTC Can't Block Amazon's Misconduct Defense In Prime Suit
The Federal Trade Commission can't bar some of Amazon's defenses in an enforcement suit alleging consumers were duped into signing up for Prime delivery service, a Washington federal judge has ruled, allowing the e-commerce giant to argue the regulatory agency engaged in misconduct related to the litigation.
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November 22, 2024
Defamation Suit Against Ga. Election Chief Tossed
A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."
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November 22, 2024
Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA
Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song.
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November 22, 2024
Microsoft Dismissed From Intercept's IP Suit, OpenAI Remains
A Manhattan federal judge dealt a huge blow to The Intercept's complaint accusing Microsoft and OpenAI of removing author and copyright information from works used to train ChatGPT, dismissing all claims against Microsoft and leaving only one claim against OpenAI alive.
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November 22, 2024
Norfolk Southern Says Artist's Timeline Doesn't Add Up
Norfolk Southern said it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
FCC Passes New Rules For Smart Car Tech
The Federal Communications Commission has adopted new rules governing cellular-vehicle-to-everthing technology in the 5.9 GHz band, officially carving out 30 megahertz of spectrum previously reserved for dedicated short-range radio communications for in-vehicle and roadside C-V2X units.
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November 22, 2024
High Court To Review Legality Of FCC's Subsidy Fees
The U.S. Supreme Court agreed Friday to review whether fees collected to support the Federal Communications Commission's array of telecom subsidy programs for low-income consumers, schools and rural healthcare run afoul of constitutional limits on taxing authority.
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November 22, 2024
Squire Patton Lawyer Dies In Laos Amid Poisoning Reports
A junior lawyer at Squire Patton Boggs LLP has died in Laos, the law firm confirmed Friday, amid reports in the media that she was the victim of a suspected mass poisoning incident.
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November 22, 2024
Off The Bench: NBA Ices Media Flap, Paul-Tyson Netflix Suit
In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.
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November 22, 2024
Taxation With Representation: Stradley Ronon, Davis Polk
In this week's Taxation With Representation, Amcor PLC buys Berry Global Group Inc., AeroVironment buys BlueHalo, Robinhood Markets Inc. acquires TradePMR, and Comcast Corp. spins off a suite of NBCUniversal cable television networks.
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November 22, 2024
DirecTV Scraps Dish Merger After Bondholder Rejection
DirecTV is abandoning a plan to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, after Dish DBS' bondholders rejected a proposed exchange debt offer that was required to seal the deal.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2024
Trump Sentencing Halted To Weigh President-Elect's Immunity
The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.
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November 22, 2024
High Court Quietly Pulls Meta Case Without A Ruling
The U.S. Supreme Court on Friday set aside a Meta Platforms Inc. case that sought to narrow the types of risk disclosures corporations need to make to investors, saying that the court shouldn't have taken up the case in the first place.
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November 21, 2024
Snap Moves To Toss New Mexico's Child 'Sextortion' Suit
Snap Inc. has moved to toss New Mexico's lawsuit accusing it of enabling child sexual exploitation on its instant messaging app, Snapchat, telling a New Mexico state court that the state's attorney general lodged a "sensationalist" lawsuit rife with patently false allegations.
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November 21, 2024
Vt. Telecom Hints DOJ Protected Biden Ally In Dish FCA Suit
A Vermont telecom all but accused the Department of Justice of undercutting the company's False Claims Act suit alleging fraudulent Dish Network spectrum bidding in order to protect a major donor to President Joe Biden, arguing Thursday that its suit should go forth even without the government's blessing.
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November 21, 2024
Sony Music Settles Bias Suit By Columbia CEO's Ex-Assistant
A New York federal judge dismissed a lawsuit Thursday by a former assistant to Columbia Records chief executive Ron Perry who claimed she was forced to resign after pushing back on hiring practices that discriminated against non-Black applicants, after Sony Music and the other parties informed the court they reached a settlement.
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November 21, 2024
Social Media MDL Judge Rips State Attys Defying Orders
A California federal magistrate judge overseeing discovery in multidistrict litigation over social media platforms' allegedly addictive designs on Thursday ordered states to provide the names and state bar numbers of agency counsel who have refused to comply with discovery orders, threatening sanctions and asking, "What happened to the rule of law?"
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November 21, 2024
FCC To Hit Video Doorbell Maker For Skirting Security Rules
The Federal Communications Commission wants to slap Chinese smart home device maker Eken with a more than $700,000 fine for breaking agency rules that require foreign companies to have an agent located in the U.S.
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November 21, 2024
Ill. High Court Won't Shield Sun-Times In Trump Tax Case
The Illinois Supreme Court ruled Thursday that the Chicago Sun-Times can't use an anti-SLAPP law to duck a defamation suit over the paper's coverage of an investigation into a $1 million property tax reduction granted to Trump Tower during the president-elect's first term.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.