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Media & Entertainment
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July 23, 2024
2nd Circ. Backs Project Veritas Search Tied To Stolen Diary
The Second Circuit on Tuesday upheld a district court's rejection of claims of journalistic privilege by Project Veritas' founder and two others at the activist group as they sought to shield documents seized under search warrants in connection with the stolen diary of President Joe Biden's daughter Ashley Biden.
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July 23, 2024
Fed. Circ. Gives Netflix 2nd Chance To Challenge Broadcom IP
The Patent Trial and Appeal Board must reconsider Netflix's petitions challenging the validity of a Broadcom unit's software performance monitoring patent, the Federal Circuit held Tuesday, finding flaws in the board's refusal to invalidate claims.
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July 23, 2024
The Biggest Trademark Rulings Of 2024: A Midyear Report
The U.S. Supreme Court rejected a California attorney's arguments that registering "Trump Too Small" as a trademark constituted speech protected by the First Amendment, and a split Ninth Circuit concluded district courts have the power to cancel trademark applications during litigation. Here's a look at some of the most notable trademark decisions so far this year.
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July 23, 2024
Biz Groups Form Lobby Effort To Fight FCC Bulk Billing Rules
Bulk billing agreements are often a boon for people living in apartment buildings and condos, according to a new coalition made up of multifamily housing organizations and a cable trade group, which was formed to push the Federal Communications Commission to reconsider banning such arrangements.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
FCC Urged To Protect Public Safety In 5.9 GHz Band
A public interest group urged the Federal Communications Commission to keep public safety as the top priority for licensees of the 5.9 gigahertz airwaves as the FCC considers rules to allow advanced car connectivity uses in the band.
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July 23, 2024
Jerry Jones Strikes Midtrial Deal With Alleged Daughter
Dallas Cowboys owner Jerry Jones agreed to fulfill his remaining financial obligations to a 27-year-old woman who claims to be his daughter under a settlement reached Tuesday during a Texas federal trial over his claims that she violated their agreement by suing him in state court.
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July 23, 2024
4 Firms Guide SPAC Mergers Targeting AI, Cannabis Sectors
An AI-powered startup that vows to combat "disinformation" and a medical cannabis developer have agreed to go public by merging with special purpose acquisition companies through separate deals unveiled this week, guided by four law firms and a law office.
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July 23, 2024
Music Fest 'A Mere Shadow' Of Promised Event, Fans Say
Rock music fans who were geared up for the three-day Capulet Fest in Connecticut suffered emotional distress when the outdoor event was suddenly shortened and moved to an indoor venue more than 50 miles away, according to proposed class claims by ticket holders.
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July 22, 2024
Elon Musk's X Corp. Accused Of TM Infringement, Again
Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.
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July 22, 2024
'Bully' Jerry Jones Rips Alleged Daughter As Driven By Greed
Counsel for Dallas Cowboys owner Jerry Jones told a Texas federal jury Monday that a 27-year-old woman who claims Jones is her biological father was motivated to violate an agreement out of greed, while the defense painted Jones as a "bully" who wanted to keep his out-of-wedlock paternity a secret from his "real family."
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July 22, 2024
Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit
The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.
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July 22, 2024
VidStream Can't Block X Features That Allegedly Infringe IP
VidStream can't block X Corp. from deploying features that allegedly infringe its patent over a system for receiving and distributing user-generated video, a Texas federal judge said Monday, finding that VidStream is unable to show the alleged infringement can't be remedied through monetary damages and therefore fails to show it will be irreparably harmed.
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July 22, 2024
FCC, Industry Debate If Brand X Case Set Broadband In Stone
Industry groups are pushing their case to the Sixth Circuit that the Federal Communications Commission's net neutrality rules should be tossed because the demise of the Chevron doctrine trimmed agency's legal authority, but the FCC argues that the recent paring back of federal regulators' discretion means nothing for the agency's restrictions on broadband providers.
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July 22, 2024
FCC Blames AT&T Network Change For 'Sunny Day' Outage
The Federal Communications Commission said Monday it will consider enforcement action after finding that an AT&T network change triggered a massive service outage in February, which blocked more than 92 million calls and 25,000 attempts to reach 911.
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July 22, 2024
Judge Tosses DHS Expert's Defamation Suit Against Fox
Fox News Network LLC and Fox Corp. on Monday escaped a defamation lawsuit from the onetime head of the Biden administration's ill-fated counter-disinformation agency, with a federal judge in Delaware finding she failed to "plausibly allege" the alleged defamatory statements were untrue.
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July 22, 2024
What Attorneys Need To Know About JD Vance
Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
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July 22, 2024
9th Circ. Affirms Dismissal Of Calif. Virus Coverage Suit
The Ninth Circuit affirmed the dismissal Monday of a California event operators' COVID-19 insurance coverage dispute after the state's Supreme Court determined in May that the virus doesn't cause the type of property damage needed to trigger coverage.
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July 22, 2024
Live Nation Says Seattle Wrong Forum For Shooting Case
Live Nation wants to change the venue for a lawsuit filed in the wake of fatal shootings at Washington's Gorge Amphitheatre, according to a motion accusing the victims' families of forum shopping and releasing a prejudicial press release to taint a potential Seattle jury pool.
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July 22, 2024
9th Circ. Backs Moving Video Game IP Suit To South Korea
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
Midyear Report: Surveying Vast NCAA Litigation Landscape
While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.
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July 22, 2024
Royalty Co. Wins Bid To Confirm Award Against Utopia Music
A New York federal judge has granted a petition by the former owners of artist royalties company Lyric Financial LLC to confirm an arbitral award against Lyric's buyers, Utopia Music Holdings (US) Inc. and its Swiss parent, Utopia Music AG.
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July 22, 2024
Hunter Biden Drops Suit Against Fox News Over 'Mock Trial'
Hunter Biden has dropped a Manhattan federal court lawsuit against Fox News over a six-part "mock trial" the cable network broadcasted that featured a fictional trial on two charges that Biden never actually faced.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.