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Media & Entertainment
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March 03, 2025
Wrongful Death Claims Go Ahead In Social Media MDL
A California federal judge overseeing the multidistrict litigation over claims Facebook and other social media companies purposefully addict minors to their platforms has allowed certain allegations, including negligence and wrongful death claims, to go forward in a final ruling.
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March 03, 2025
Film Exec Testifies She Felt 'Set Up' By 'Moana' IP Claims
A movie executive told a California federal jury on Monday that she never shared a distant family member's script with The Walt Disney Co., and that she later felt "set up" and pressured to lie for this relative's copyright suit over the blockbuster animated film "Moana."
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March 03, 2025
5 Mass. Rulings You May Have Missed In February
Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.
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March 03, 2025
NYT Seeks To Ax Baldoni's 'It Ends With Us' Defamation Suit
The New York Times urged a New York federal court to toss defamation claims made by Justin Baldoni over the news organization's coverage of the "It Ends With Us" actor-director's legal battle with Blake Lively over the actress's sexual harassment complaints, saying it is legally protected reporting and opinion made without malice.
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March 03, 2025
Ligado Says It's Time To Share Weather Satellite Band
It's time for the government to start sharing a slice of spectrum previously set aside for weather instruments, Ligado Networks and a host of other industry players are telling the Federal Communications Commission after the agency signaled it was open to considering the idea.
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March 03, 2025
NJ Justices Skeptical Of Judicial Privacy Law Challenge
The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.
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March 03, 2025
Chancery OKs Amended Suit In $8B Paramount Sale Fight
Delaware's chancellor agreed Monday to the filing of an amended stockholder challenge to Paramount Global's $8.2 billion merger with Skydance Media and ordered responses by Tuesday from parties affected by a stockholder call for a fast-tracked probe of Paramount's response to an alternative, $13.5 billion offer.
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March 03, 2025
Colo. Says 1933 Dictionary Supports Netflix Subscription Tax
The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.
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March 03, 2025
Justices Deny Google Foe's Bid For Patent Eligibility Clarity
The U.S. Supreme Court on Monday rejected a patent owner's appeal arguing that the Federal Circuit has a "broken approach to patent eligibility" and that the justices must clarify the law, in a case where advertising patents asserted against Google were found to cover abstract ideas.
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March 03, 2025
Justices Turn Down Suit By Worker Fired Over Online Post
The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.
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February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated
The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
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February 28, 2025
C Is For Counterfeit: Sesame Street Says Sellers Stealing IP
Elmo, Cookie Monster and the rest of the "Sesame Street" gang are going after online merchants they say are selling counterfeit products depicting the iconic children's program, telling an Illinois federal court Friday that the unauthorized merchandise is deceiving fans and hurting the nonprofit's reputation and wallet.
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February 28, 2025
Judge Denies OpenAI's Bid For Discovery In Meta's IP Fight
A California federal judge rejected OpenAI's request to see discovery produced in Meta Platforms Inc.'s copyright battle with authors over its artificial intelligence tool, writing Thursday that the "broad swath of information" it requested is not proportional to the company's needs in its own case.
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February 28, 2025
Del. Judge Orders Trial On AMC Stock Swap Coverage Fight
A Delaware Superior Court judge ordered a jury trial Friday on an AMC Entertainment Holdings Inc. insurer's claim that it never consented to cover part of a $99.3 million settlement with theater chain stockholders who challenged a preferred share conversion and reverse stock split.
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February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal
T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
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February 28, 2025
FCC Slaps Pirate Radio Stations With $400K In Fines
The Federal Communications Commission fined two people almost $400,000 Friday for running a pair of illegal radio stations, with the agency saying that it was putting "other pirate radio operators on notice."
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February 28, 2025
Judge Refuses To Dismiss $500M Miss America Suit
A Florida judge has denied the bulk of real estate developer Glenn Struab and two associates' attempt to escape a fraud and racketeering lawsuit that accuses them of conspiring to assert control and ownership of the company that runs the Miss America pageant and seeks $500 million in damages.
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February 28, 2025
'Moana' IP Theft Accuser Forged Evidence, Jury Hears
Counsel for a subsidiary of The Walt Disney Co. sought during cross-examination Friday to undercut the credibility of an artist claiming "Moana" ripped off his work, pointing out that the plaintiff doctored a key document in the case and offered money to potential witnesses.
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February 28, 2025
9th Circ. Says Risk Justified Firing Vax-Refusing Actor
A split Ninth Circuit panel declined Friday to revive an actor's suit claiming she was illegally removed from a Starz Network show because she rejected its COVID-19 vaccine mandate on religious grounds, ruling her immunization status posed too much of a risk to the production.
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February 28, 2025
Pa. Health System Can't Compel Arbitration In Meta Pixel Suit
A terms of service link on a Pennsylvania health system's website was not sufficient to bind a patient to arbitration in his suit over the alleged disclosure of his personal information to Meta Platforms, a federal judge has ruled.
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February 28, 2025
Fla. Officials Can't Escape Authors' Suit Over Book Bans
A Florida federal judge Friday declined to dismiss a lawsuit by six publishing houses; two parents of schoolchildren; and five bestselling authors, including Jodi Picoult and Laurie Halse Anderson, challenging a state law that restricts books in school libraries.
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February 28, 2025
Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit
In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.
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February 28, 2025
Insurer Says No Coverage For Lil Baby Video Shooting Suit
An insurer said it has no duty to defend or indemnify a security contractor accused of failing to provide adequate services after a shooting broke out during the filming of a music video for rapper Lil Baby, telling a Georgia federal court a number of exclusions bar coverage.
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February 28, 2025
NFL Alums Say Vaccine Fund Misuse Claims Should Fail
The National Football League's largest alumni organization has hit back at a lawsuit that accused it of forcing a biotechnology company out of a COVID-19 vaccine outreach program, arguing Thursday that no underlying contract exists on which to stake the suit.
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February 28, 2025
Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.
Expert Analysis
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Nintendo Suit May Have Major Impact On Video Game Patents
If Nintendo and The Pokémon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators — but it could also encourage innovation, says Charles Morris at Marshall Gerstein.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
The Ninth Circuit’s upcoming decision in Hara v. Netflix, about what it means to be source-identifying, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Tracking The Uncertainty Of The FTC's Negative Option Rule
The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Key Takeaways From FDA's Latest Social Media Warnings
The U.S. Food and Drug Administration's latest untitled letter concerning a drug company's social media promotion provides lessons for how companies should navigate risk presentation, FDA labeling requirements and superiority claims, say attorneys at Sheppard Mullin.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.