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Media & Entertainment
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October 02, 2024
Class Cert. In Bonus Suit Against X On The Verge Of Failure
A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.
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October 02, 2024
Supplement Co. Hits Back At TM Suit, Alleges Fake Reviews
Supplement-maker Nutranext Business LLC failed to disclose that a doctor promoting its products is a paid influence, artificially inflated its positive reviews on Amazon and misrepresented a study that purports to show the benefits of using its products, according to new counterclaims filed by a competitor it sued for trademark infringement.
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October 02, 2024
Chancery Drops Curtain On AMC Stock Dilution Suit
A Delaware vice chancellor dismissed on Wednesday a proposed class action seeking damages or additional shares for former AMC Entertainment Corp. preferred stockholders who say the value of their shares was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.
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October 02, 2024
NYC Mayor Adams May Face More Charges, Feds Say
Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.
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October 01, 2024
Meta Must Face Bulk Of Social Media Harms Securities Suit
A California federal judge on Monday trimmed but refused to throw out a proposed securities class action claiming Meta Platforms Inc. and its executives misled investors about the harmful effects of social media, finding that the investors pointed to plausibly misleading statements regarding mental health and keeping children safe.
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October 01, 2024
Pras Accuses Lauryn Hill Of Looting Fugees Tour Profits
Fugees rapper Prakazrel "Pras" Michel accused bandmate Lauryn Hill in a Manhattan federal lawsuit Tuesday of wresting control of the Grammy Award-winning group's brand and pocketing most of their reunion tour profits, allegations the "Killing Me Softly" singer vehemently denies.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Peloton Beats Investor Suit Over COVID-19 Sales For Good
Peloton has won the permanent dismissal of a shareholder suit accusing it of intentionally misleading investors to believe that its COVID-19 spike in demand was sustainable, with a New York federal judge saying the investors have not "articulated sufficient factual allegations to carry their assertions beyond the speculative level."
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October 01, 2024
IBM Targets Take-Two In IP Suit After $45M Win Against Zynga
Less than a month after obtaining a $45 million verdict against San Francisco game company Zynga over patents related to online advertisements, IBM launched a new lawsuit in Delaware federal court against the developer's parent company over different video games.
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October 01, 2024
University Can Keep Conduct Records, Texas Justices Hear
Texas Supreme Court Justices asked the University of Texas at Austin why it was trying to keep from releasing records of students who violated policies against violence and sex offenses during oral arguments Tuesday, saying that the category of students the university was protecting seemed the "least defensible."
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October 01, 2024
Fla. Judge Sends 2 Live Crew Rights Dispute To Jury
A Florida federal judge has trimmed trademark and copyright infringement claims from a suit by music label Lil' Joe Records against members of the hip-hop group 2 Live Crew but said he would send the issue of whether the termination of the label's rights to the songs was effective to a jury next week.
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October 01, 2024
Texas Atty To File 120 Cases Over Alleged Diddy Assaults
Personal injury attorney Tony Buzbee plans to file civil lawsuits against Sean "Diddy" Combs on behalf of 120 plaintiffs across the country who say they were sexually assaulted by the rapper, the Texas lawyer announced Tuesday.
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October 01, 2024
Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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October 01, 2024
Phone 'Tax' For FCC Programs Unconstitutional, Justices Told
Groups challenging the Federal Communications Commission's universal service system urged the U.S. Supreme Court on Tuesday to throw out the program's funding base, arguing it amounts to an illegal tax on consumers.
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October 01, 2024
Israeli Analytics Co. Beats 'Social Engineering' Suit, For Now
A New York federal judge has dismissed a proposed investor class action against Israeli security analytics company Cognyte Software Ltd. over claims that its tools were used to surveil and "social-engineer" journalists and politicians, saying many of the alleged misstatements are inactionable as currently presented.
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October 01, 2024
Amazon Gets $47M Voice Patent Verdict Slashed By $7M
Amazon was able to shave off about $7 million from a nearly $47 million verdict against it in a voice software technology patent case by a defunct startup after convincing a Delaware federal court that there was a hole in expert testimony over the online retail giant's Alexa software.
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October 01, 2024
Final Artwork Tossed From Nazi-Looted Hungarian Art Suit
A D.C. federal judge has dismissed a family's claim to a 16th century sculpture believed to have been seized by Nazi officers during the German occupation of Hungary, the final artwork at issue in long-running litigation to recover an expansive art collection stolen during the Holocaust.
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October 01, 2024
Ex-NBA Star's Big Paydays Not Relevant In Hoops Fraud Trial
Dwight Howard's NBA contracts exceeding $240 million over his 18-year playing career are irrelevant to charges that an Atlanta businessman defrauded the ex-basketball superstar out of $7 million, a Manhattan federal judge held Tuesday.
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October 01, 2024
Meta Subjected Employee To Colleague's Stalking, Suit Says
Meta was sued in New York state court on Tuesday by an employee who claims the tech giant failed to assist him when a former colleague began stalking and harassing him — and then accidentally rehired the co-worker.
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October 01, 2024
Suit Lays Death Of 'Hard Knocks' Staffer At NFL's Feet
A New Jersey widow sued the NFL in state court Tuesday, alleging the production team behind the league's popular docuseries "Hard Knocks" overworked her late husband to the point of exhaustion before he was killed in a car accident.
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October 01, 2024
TikTok Petitions 3rd Circ. To Review Section 230 Ruling
TikTok asked for another crack in the Third Circuit on Tuesday, requesting an en banc rehearing of the appeals court's decision holding that its "For You Page" algorithm doesn't enjoy Section 230 immunity and reviving a suit accusing the app of recommending a "blackout challenge" that led to a 10-year-old's death.
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October 01, 2024
Video Game Cos. Want Gaming Addiction Suit Tossed
Microsoft Corp., Roblox Corp. and Sony Interactive Entertainment LLC moved Monday to dismiss a lawsuit filed against them by a mother who alleges they and other video game creators caused her teenager's mental disorders by deliberately engineering addictive experiences.
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October 01, 2024
Arkansas AG Says YouTube Addicts And Harms Youth Users
The Arkansas attorney general has sued YouTube LLC, Google LLC and their parent company in state court, alleging that the YouTube platform is deliberately designed to addict youth users and shows them harmful content, leading to a mental health crisis that has cost the state hundreds of millions of dollars.
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October 01, 2024
Apple, Amazon Hint Hagens Berman Lacked Client's OK
Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.
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October 01, 2024
Judge Backs Ban On Protests Targeting Guo Ch. 11 Trustee
A Connecticut federal judge has affirmed a ban on certain protests aimed at the Chapter 11 trustee overseeing the bankruptcy estate of Chinese dissident Miles Guo, also known as Ho Wan Kwok, after the trustee faced death threats because of his investigation and a failed $250 million settlement.
Expert Analysis
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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.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Considerations When Using Publicly Available Data To Train AI
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.