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Media & Entertainment
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August 22, 2024
Larry Flynt's Widow Asks 9th Circ. To End Calif. Cardroom Law
The widow of late pornography mogul Larry Flynt and two other cardroom operators urged the Ninth Circuit on Thursday to invalidate California statutes barring certain out-of-state casino investors from holding a state cardroom license, arguing the law interferes with interstate commerce and that's "a straight-up violation of the Constitution."
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August 22, 2024
Popular Mich. Sushi Bar Sues Hacker Who Deleted Instagram
A popular Michigan sushi restaurant is hoping a federal lawsuit will help it track down and hold accountable the person who hacked into and deleted its Instagram account, the loss of which the company said cost it thousands of dollars and harmed its reputation.
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August 22, 2024
Influencer-Backed Wine Glass Co. Sues Over Trade Dress
A small startup that sells colorful wine glasses is suing other companies that sell similar glasses in Colorado federal court, calling those companies "counterfeiters" that are trying to capitalize on the startup's popularity stemming from the endorsement of a popular TikTok influencer.
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August 22, 2024
UK Antitrust Arm Pauses Google, Apple Probes For New Law
United Kingdom antitrust authorities hit pause on investigations into Google and Apple policies allegedly locking app developers into their in-app payment systems, preferring to wait until new powers come online even as officials said commitments offered by Google aren't enough to address their concerns.
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August 22, 2024
Consumers Will Appeal Tossed Apple Web App Antitrust Case
Consumers have told a California federal court they plan to appeal the dismissal of a case accusing Apple of violating antitrust law by preventing iPhones from running web-based apps, instead of amending the proposed class action.
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August 22, 2024
Altice Will Pay $96K To End FCC Probe Over Outages
New York-based telecom Altice admitted to running afoul of outage reporting rules in a settlement with the Federal Communications Commission Thursday, agreeing to pay a $96,000 fine after filing mandatory service disruption reports late last year.
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August 22, 2024
Kirkland, Paul Weiss Guide $250M Investment In TickPick
Investment firm Brighton Park Capital, steered by Paul Weiss, will invest $250 million into Kirkland-led TickPick so the ticket marketplace business can accelerate its growth and scale operations, in what the companies called the largest fundraise in the industry to date, according to a Thursday announcement.
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August 22, 2024
6th Circ. Can't Say If Mich. Official Can Block Facebook Critic
The Sixth Circuit can't apply the U.S. Supreme Court's new state-action test to decide if a city manager in Michigan is allowed to block critics from his personal Facebook page because it needs more information, the appellate court said, kicking the matter back to district court.
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August 22, 2024
Comedians Duel With Pandora For Joke Copyright Victories
A group of comedians and companies that licensed their routines has urged a California federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied "pass-through licenses" to broadcast those routines.
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August 22, 2024
Appeals Court Revives DC AG's Amazon Antitrust Suit
A Washington, D.C., appeals court ruled Thursday that the D.C. attorney general can pursue an antitrust suit against Amazon, overturning a lower court order that tossed district enforcers' complaint against the e-commerce giant.
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August 22, 2024
Voter Claims NC 'Ballot Selfie' Laws Violate Free Speech
A North Carolina voter hopes to take down the state's so-called ballot selfie laws, which make it illegal to take a photo with a completed ballot, arguing in a new federal lawsuit filed Thursday that the statutes trample her free speech rights.
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August 22, 2024
Judge Delays AI Trial In Thomson Reuters, ROSS IP Row
A Delaware federal judge on Thursday delayed the first trial involving an artificial intelligence product, postponing a highly anticipated clash in which Thomson Reuters is accusing tech startup ROSS Intelligence of creating an AI legal research platform using copyrighted material from the media company's Westlaw database.
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August 22, 2024
Israeli Tech Co. Cancels SPAC Deal Amid Market Rout
Pomvom, an Israeli software maker that caters to theme parks, and a special purpose acquisition company announced Thursday they have nixed their planned $125 million merger, which would've taken the tech firm public, citing a "change in global market conditions."
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August 22, 2024
Tom Girardi Takes The Stand In His Criminal Fraud Trial
Disbarred attorney Tom Girardi took the stand Thursday in his California federal fraud trial and denied stealing from any of his clients, while also showing a strong grasp of past events and people but claiming to have no memory of the trial's witnesses and key moments, or to even know his own lawyer's name.
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August 22, 2024
Deals Rumor Mill: Saudi Fund, Disney-Reliance, Repligen
Saudi Arabia’s sovereign wealth fund wants to launch a new cargo airline, India’s antitrust regulators worry about power over cricket rights if the $8.5 billion merger of Walt Disney’s Indian business with Reliance Entertainment is allowed, and drug manufacturing provider Repligen is eyeing Maravai LifeSciences. Here, Law360 breaks down these and other notable deal rumors from the past week.
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August 22, 2024
Paramount Board Vets $6B Bronfman Bid, Cravath Counsels
Paramount Global confirmed late Wednesday that a consortium of investors led by media executive Edgar Bronfman Jr. has submitted a proposal to purchase the company, interjecting a bid that complicates Paramount's existing deal to merge with Skydance Media.
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August 21, 2024
Girardi Faked Dementia Symptoms, Neurologist Testifies
A neurologist with Vanderbilt University testified Wednesday in Tom Girardi's criminal fraud trial in California federal court that the disbarred attorney was likely exaggerating his cognitive problems in late 2020 just as his law firm imploded into bankruptcy and his legal problems mounted because he believed it would be "beneficial."
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August 21, 2024
Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal
Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.
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August 21, 2024
Finance Guru Can't Send Timeshare Fraud Suit To Arbitration
Celebrity financial planner David L. Ramsey III and his company can't pause and arbitrate a proposed class action alleging they promoted a timeshare exit fraud scheme on his radio show, a Washington federal judge said Wednesday, finding they were not included in arbitration agreements with the timeshare owners.
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August 21, 2024
Maryland Water Park Settles Liability Claim Over Injury
A Maryland water park-goer who was permanently injured after an inflatable tube buckled on a ride and slammed her feet against the bottom of the pool has settled her suit seeking to hold the facility liable for her injuries.
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August 21, 2024
USPTO Argues Not All New Rules Call For Public Comments
The U.S. Patent and Trademark Office told the U.S. Supreme Court that forcing the agency to solicit public comments before instituting a new home address requirement for registering trademarks would be too much work.
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August 21, 2024
11th Circ. Affirms Toss Of Banana Wall Art Copyright Suit
The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar."
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August 21, 2024
6th Circ. Says Fired Worker's Asthma Not Covered By ADA
A split Sixth Circuit panel on Wednesday backed the dismissal of an asthmatic worker's suit claiming an entertainer management firm unlawfully fired her for requesting to telework during the COVID-19 pandemic, saying she hadn't shown that her condition triggered the federal disability bias law's protection.
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August 21, 2024
Judge Accused Of Locking Up Girl Who Dozed In Courtroom
A teenage girl filed a lawsuit Wednesday in Michigan federal court against a state judge who she says had her handcuffed and detained after she fell asleep during a class presentation in his courtroom and berated her in a mock version of the reality show "Scared Straight" that played out on the court's YouTube platform.
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August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
Expert Analysis
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.