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Media & Entertainment
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December 03, 2024
Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury
Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.
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December 03, 2024
Lizzo Designer's Harassment, Unpaid OT Claims Clipped
A California federal court threw out several claims in a lawsuit launched against Lizzo and her touring company by a fashion designer who created custom pieces for the singer on tour, finding the Fair Labor Standards Act doesn't apply to work performed in Europe.
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December 03, 2024
Gov't Floats Sharing Plan For Lower 37 GHz Airwaves
The Biden administration announced Tuesday that it was recommending shared use of the lower 37 gigahertz spectrum band among government and private-sector users.
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December 03, 2024
Data Caps Harm Consumers, Rural Electric Co-Ops Tell FCC
As the Federal Communications Commission considers the impact of data caps some broadband providers impose on internet service plans, rural electric cooperatives have told the commission that caps are bad for consumers and that their own business model for broadband does not involve such usage limits.
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December 03, 2024
No Standing In 'Threadbare' Voice Assistant Suit, Google Says
Google wants a D.C. federal judge to toss a lawsuit accusing the tech giant of blocking rival voice assistant products from running on Android and other devices, contending that the complaint has failed to articulate an injury "with even a modicum of detail."
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December 03, 2024
Trump Argues Immunity Extends To Local Prosecutions
President-elect Donald Trump told the New York state judge presiding over his hush money case that the criminal charges and guilty verdict should be thrown out, arguing in an expansive motion released Tuesday that allowing a local prosecution to proceed would upset the republic's balance of power.
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December 03, 2024
Harvey Weinstein Gets March Trial Date In LA Civil Rape Suit
A California judge on Tuesday set a March trial date for a civil lawsuit brought by a woman whom Harvey Weinstein was convicted of raping, saying the disgraced movie producer's age and poor medical condition outweigh the plaintiff's desire to pause proceedings until a criminal appeal concludes.
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December 03, 2024
Tech Giants Seek Firm's Communications With Elusive Client
Apple and Amazon want Hagens Berman Sobol Shapiro LLP to turn over texts and emails with a client who disappeared from a putative class action against the tech giants, to determine whether the plaintiff consented to the case continuing in his absence.
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December 03, 2024
Alex Jones Atty Seeks Leniency Over Sandy Hook 'Mistake'
The lead attorney in Infowars host Alex Jones' $1.44 billion Connecticut defamation trial admits he "made a mistake" when he approved sending several Sandy Hook Elementary School victims' confidential records to other Jones attorneys, saying Tuesday he should receive either no discipline or a reprimand in a pared-down case.
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December 03, 2024
Film Financing Firm Gets OK For Ch. 11 Auction In January
A Delaware bankruptcy judge gave Film Finance Inc., a company that offers financing for high-profile film projects, the go-ahead Tuesday to put itself on the auction block early next year after dropping protections for its baseline bidder that had attracted the ire of the U.S. Trustee's Office.
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December 03, 2024
FCC Aims To Protect Weather Sensors With 24 GHz Rules
The Federal Communications Commission has passed new rules for radiofrequency emissions limits in the 24 gigahertz spectrum band to align with an international ruling from 2019 aimed at protecting vulnerable meteorological sensors that are assigned to a nearby band of frequencies.
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December 03, 2024
OneTaste Execs Say Former Member's Journals Fabricated
Two former OneTaste executives facing forced labor conspiracy charges claim a former employee's journals were fabricated for a Netflix documentary about the sexual wellness company and were further edited by an FBI agent before being produced to the defense in discovery.
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December 02, 2024
Girardi Won't Get New Fraud Trial Despite Memory Claims
A California federal judge on Monday denied Tom Girardi's bid for a new trial after a jury found he misappropriated $15 million worth of client settlement funds, standing by a prior assessment that the disbarred attorney was "exaggerating" symptoms of mild cognitive impairment.
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December 02, 2024
Google Can't Yet Appeal Ruling Preserving Kids Tracking Suit
A California federal judge on Monday declined to let Google immediately appeal his earlier ruling leaving intact allegations the search giant surreptitiously tracks children's web activity, finding Google hasn't shown that the issues underlying that ruling warrant an appeal at this stage in the litigation.
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December 02, 2024
PTAB Presses Play On Playrix's Challenge To Video Game IP
A ruling from the U.S. Patent and Trademark Office director changing the meaning of a claim in a video game patent was enough for the agency's administrative board to now move forward with a challenge over patented software cited in a Texas lawsuit lodged against mobile game developer Playrix.
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December 02, 2024
McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'
A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.
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December 02, 2024
Meta Can't Dodge $25M Fine For Wash. Election Ads
Facebook parent company Meta must pay $25 million in fines for repeatedly running afoul of Washington state's political advertising transparency law, a state appellate panel ruled Monday, finding the technology giant's free speech rights were not violated by being forced to comply with the law.
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December 02, 2024
Influencer Hasn't Shown She's 'Special' In IP Row, Rival Says
An influencer hasn't backed up her claims that she's "unique" and "special" in her case accusing a competitor of copying her social media aesthetic, the rival told a Texas federal court, asking it to reject a magistrate judge's recommendations to keep much of the case alive.
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December 02, 2024
Filmmaker Says He Didn't Infringe IP With Beirut Documentary
An independent filmmaker and his company have launched a suit in Ohio federal court seeking a declaration that they never infringed any copyright owned by a nonprofit while making a documentary about the 1983 U.S. Marine barracks bombings in Beirut.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.
The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.
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December 02, 2024
Gov't Owned Broadband Often Fails, Report Says
A new report from an industry-backed think tank skewers government-owned broadband networks for purportedly relying on public resources to survive but operating inefficiently and competing unfairly against private internet service providers.
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December 02, 2024
Ex-Soccer Boss Fears He'll Die While Fighting Conviction
The ailing former president of the Brazilian soccer federation urged a New York federal judge to rule on his petition to have his FIFA bribery conviction overturned, telling the court Monday that he could die before a scheduled January hearing on the issue.
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December 02, 2024
Musk Asks Court To Halt OpenAI's Conversion To For-Profit
Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.
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December 02, 2024
'Pull The Plug': Broadband Program Wasteful, GOP Sen. Says
The government's $42.5 billion program to deploy broadband to underserved locations throughout the U.S. should be stopped because it's wasting money hand over fist, according to a Republican senator.
Expert Analysis
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What TikTok's Race Against The Clock Teaches Chinese Firms
The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.