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Media & Entertainment
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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Guo Trial Juror Booted For Googling Fugitive Co-Defendant
The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.
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July 12, 2024
6th Circ. Delays FCC's Net Neutrality Effective Date
The Sixth Circuit on Friday delayed the effective date of the Federal Communications Commission's net neutrality rules by two weeks to give the court more time to consider an indefinite hold on the regulations during a legal challenge.
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July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone
A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
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July 12, 2024
Texas City Escapes Suit Over 2014 Toby Keith Concert
A state appeals court wrote that a south Texas city can escape a lawsuit brought by the promoters of a Toby Keith concert held at a city building, writing that the city didn't waive governmental immunity because the contract was verbal.
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July 12, 2024
Judge Cites 'Dizzying Array' Of TikToks In Denying Sanctions
A Georgia federal judge has refused to reconsider his late-September denial of two social media personalities' attempt to secure monetary sanctions in a defamation suit, saying a "dizzying array of TikTok videos and social media posts" is insufficient to entitle them their requested relief.
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July 12, 2024
More Attys Leave Suit Over WWE Fan's Fla. Fireworks Injuries
A boutique law firm that describes itself on its website as a "one stop shop" for the fireworks industry has stopped representing World Wrestling Entertainment Inc. in a fan suit alleging injuries from a fireworks display at a WWE event, saying the attorney-client relationship "has deteriorated."
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July 12, 2024
Midyear Report: Taking Stock Of Sports Betting Enforcement
The first six months of 2024 saw no shortage of action in the enforcement of sports betting rules, highlighted by a bombshell fraud case ensnaring baseball's biggest star and a messy betting scandal that saw a fringe NBA rotation player banned from the game for life.
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July 12, 2024
Saul Ewing Adds Entertainment, Real Estate Litigator In LA
Saul Ewing LLP has added as a partner in its Los Angeles office a trial attorney with a nearly 30-year track record of representing public and private companies, along with executives and investors in entertainment and real estate disputes.
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July 12, 2024
Taxation With Representation: Ropes & Gray, Cravath, Latham
In this Week's Taxation with Representation, Paramount Global merges with Skydance Media, Devon Energy acquires Grayson Mill Energy's Williston Basin oil and gas business, Ryan acquires Altus Group Ltd.'s property tax business, and Bain Capital buys Envestnet Inc.
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July 12, 2024
Microsoft Squashes Beef With Ex-Engineer Over Xbox Patents
Microsoft has resolved litigation with a former software engineer who was fighting with the company over whether he could claim to own patents that he says Microsoft uses in its Xbox software.
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July 12, 2024
'Willful Withholding' Of Evidence Dooms Baldwin 'Rust' Case
Alec Baldwin wept and hugged his attorneys Friday after a New Mexico state judge threw out involuntary manslaughter charges against the actor in the "Rust" shooting case, finding that prosecutors willfully withheld key ammunition evidence from the defense.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 11, 2024
Ah, Geez! Fox Sues Pop-Up For Copying 'The Simpsons' Pub
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
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July 11, 2024
Trump Says Immunity Ruling Means Conviction Must Be Axed
Donald Trump has officially lodged his request for his conviction to be vacated in light of the U.S. Supreme Court's presidential immunity decision, arguing that prosecutors' evidence in the hush money case rests on official acts he took as president, according to a redacted motion made public Thursday.
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July 11, 2024
Sens. Say AI Fuels Need For Data Privacy Law But Fail To Act
Members of a key U.S. Senate committee Thursday largely agreed that companies' growing efforts to amass private information to fuel artificial intelligence technologies are accelerating the need for a federal data privacy framework, but they failed to make progress on a bipartisan proposal opposed by the committee's top Republican.
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July 11, 2024
Sens. Pitch COPIED Act To Fight AI-Content, Empower Artists
A bipartisan group of U.S. senators introduced legislation dubbed the COPIED Act on Thursday to fight the growth of AI-generated "deepfakes," proposing a framework that would give journalists and artists control over their work via a watermarking process and allow them to sue those who use their work without permission.
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July 11, 2024
Beastie Boys Want Chili's To Stop Playing 'Sabotage'
The Beastie Boys can't stand it. Chili's parent company, Brinker International Inc., has allegedly been using the band's 1990s hit "Sabotage" in social media videos to promote the restaurant chain without permission, and the band wants it to stop, according to a complaint filed in Manhattan federal court.
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July 11, 2024
Disney Beats Suit Over Post-Pandemic Park Pass Restrictions
A Florida federal judge Thursday tossed a lawsuit accusing Disney World of cheating customers who held pricey "Platinum" passes for its Sunshine State parks by imposing new restrictions on their use after the pandemic hit, saying the two women who sued could have canceled their passes and received a refund.
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July 11, 2024
Apple Ducks iPhone Web App Antitrust Suit, For Now
Consumers will have to rejigger their proposed antitrust class action alleging Apple anticompetitively prevents iPhones from running web-based apps that don't need to be downloaded, after a California federal judge said Thursday that they've failed to show a conspiracy or connect the dots from company rules to customer injury.
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July 11, 2024
Ozy Media CEO Urges Jury To Reject 'Shady' Fraud Case
Counsel for Carlos Watson on Thursday told a Brooklyn federal jury not to trust prosecutors' "shady" claims that the Ozy Media founder and CEO defrauded lenders and investors by falsely inflating the news and entertainment startup's bottom line.
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July 11, 2024
Social Media Arbitration Row Not For La. Court, 5th Circ. Told
A coalition of researchers told the Fifth Circuit that a Louisiana court was wrong to rule that a proposed class of plaintiffs who claim the group was behind social media censorship in 2020 did not have to arbitrate their claims, arguing that the court should have weighed whether it could even hear the case before considering arbitration.
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July 11, 2024
9th Circ. Won't Cancel Chubb's 'Morning Show' COVID-19 Win
The Ninth Circuit affirmed a lower court's ruling Thursday that a Chubb unit does not owe the production company behind "The Morning Show" $44 million in pandemic-related losses, ruling that the policy's provision for "imminent direct physical loss or damage" did not apply to the "potential presence" of coronavirus in the facility.
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July 11, 2024
NFL Arbitration Clause Is Still No Good, Flores Tells 2nd Circ.
Former Miami Dolphins head coach Brian Flores implored the Second Circuit to keep his racial discrimination suit against the NFL out of arbitration Thursday, telling the court that the closed-door process is "highly oppressive" and tramples over federal law.
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July 11, 2024
Feds Seek Input On 37 GHz Sharing Plans
Federal regulators intend to ask for the public's input in August about a possible revamp of the lower 37 gigahertz airwaves, the U.S. Department of Commerce said.
Expert Analysis
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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.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.