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Media & Entertainment
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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.
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July 22, 2024
FCC Waives 5.9 GHz Rules To Allow For Smart Car Tech
The Federal Communications Commission has voted to waive certain restrictive connectivity rules for cars, allowing automobile equipment manufacturers to make use of the 5.9 gigahertz band for Cellular Vehicle-to-Everything technology.
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July 22, 2024
TikTok Says Arbitration Pacts Doom Former Exec's Bias Suit
TikTok urged a New York federal court to toss a former marketing executive's suit accusing the company of putting her on a "kill list" of employees to push out because she was a woman nearing 50, saying she agreed to arbitrate any employment-related disputes with the company.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
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July 19, 2024
Pornhub's Parent Co. Seeks Exit From Trafficking Class Action
MindGeek asked a California federal judge Friday to end a class action filed by individuals who alleged its company Pornhub published sexually explicit videos of them as minors, arguing there's no evidence showing MindGeek promoted child pornography on its sites, and that it removed the videos upon request.
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July 19, 2024
House Republican Rips FCC's School Wi-Fi Subsidy
A key House Republican with oversight of the Federal Communications Commission attacked the agency's new subsidy providing Wi-Fi services for school and library patrons, saying it will make consumer costs soar without helping education.
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July 19, 2024
NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half
The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.
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July 19, 2024
'Vanderpump' Stars Face Fresh Sandwich Shop Suit
The former chef at a Los Angeles sandwich shop owned by "Vanderpump Rules" cast members Ariana Madix and Katie Maloney has accused the reality stars of refusing to honor a partnership agreement under which she was entitled to a 10% ownership stake, according to a suit filed in Los Angeles County.
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July 19, 2024
14 NBA Teams Hit With Copyright Suits Over Songs In Videos
Fourteen NBA teams have been hit with complaints by several music companies that accuse the basketball franchises of using copyrighted songs in promotional videos without permission, according to lawsuits in Manhattan federal court.
Expert Analysis
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.
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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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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.