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Media & Entertainment
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August 20, 2024
Don't Nix 'Band Manager' Approach In 4.9 GHz, FCC Told
Public interest groups have urged the Federal Communications Commission to preserve its original plan to use a national band manager to oversee a 4.9 gigahertz spectrum revamp rather than turning it over to FirstNet through a nationwide license.
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August 20, 2024
Cox, Music Publishers Ask Justices To Review Copyright Row
Cox Communications and music publishers led by Sony Music Entertainment have petitioned the U.S. Supreme Court to review a Fourth Circuit ruling — with music companies asking for clarity on the scope of liability for internet service providers for online piracy and Cox asking whether it can be responsible for copyright infringement for merely providing an internet connection.
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August 20, 2024
Ga. Justices Weigh 'Malice' In Atty's Defamation Case
An orthopedic surgeon urged the Georgia Supreme Court on Tuesday to revive his case against a defense attorney who allegedly tarnished the surgeon's reputation during settlement talks with his attorneys for his former patients, arguing his appellate defeat last year flew in the face of 160 years of Georgia defamation law.
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August 20, 2024
FCC Says No To 8 Nonprofit Stations In Texas
The Federal Communications Commission says it is not approving eight applications for new low power FM stations because the Christian entities that applied for them appear to actually all be part of the same organization, which does not qualify as an educational nonprofit.
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August 20, 2024
Feds Want 20 Years For Backpage Trio In Prostitution Case
Prosecutors asked an Arizona federal judge Monday to sentence two former executives of the defunct classifieds service Backpage.com and the site's co-founder to 20 years in prison after they were found guilty of several counts over an alleged $500 million prostitution scheme.
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August 20, 2024
NFL Hangs Onto Victory In Sunday Ticket Antitrust Fight
A California federal judge on Tuesday entered judgment in favor of the NFL against all claims by a class of Sunday Ticket television package subscribers, including their bid seeking to block the league from engaging in anticompetitive conduct, more than two weeks after he upended a jury's $4.7 billion antitrust verdict against the league.
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August 20, 2024
PleasrDAO Wants Shkreli To Hand Over Wu-Tang Clan Album
The cryptocurrency project that now owns a one-of-a-kind Wu-Tang Clan album has urged a New York federal judge to order Martin Shkreli to hand over any copies he made of the album while he possessed it since the album's value "depends almost entirely on its uniqueness, and the secrecy that surrounds it."
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August 20, 2024
Anthropic Hit With Another Copyright Suit Over LLM Training
Anthropic PBC was hit with a proposed class action Monday in California federal court from a group of journalists and authors alleging the artificial intelligence giant is exploiting their copyrighted materials to train its large language model, Claude, without permission or a license, and has become enormously successful at their expense.
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August 20, 2024
Walt Disney, Marvel Freed From Shirtmaker's IP Row In NC
The Walt Disney Co., Marvel Entertainment and a Marvel affiliate have been freed, for now, from a shirtmaker's trademark infringement lawsuit after a North Carolina federal judge ruled that the entertainment giants don't have enough ties to the Tar Heel State.
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August 20, 2024
Insider Trading Won't Impact Pilot's Tax Sentencing Guidelines
A Manhattan federal judge found Tuesday that insider trading allegations won't bump up the guidelines sentencing range for a pilot for U.K. billionaire Joe Lewis who pled guilty to tax evasion.
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August 20, 2024
FCC Can't Subsidize Off-Campus Wi-Fi, Think Tank Argues
A free-market group criticized the Federal Communications Commission's new program to subsidize Wi-Fi service for schools and libraries, saying it is not just a dubious policy choice but breaks with the statutory limits that Congress set for the E-Rate program.
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August 20, 2024
UFC Fighters' Wage Suit Headed To Trial In February
A trial has been set for February in the class action brought by mixed martial arts fighters who accused Ultimate Fighting Championship of suppressing their wages, a move that comes after a Nevada federal judge rejected the parties' settlement agreement in March, Law360 learned Tuesday.
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August 20, 2024
AMC Shareholder Wants Opt-Out Fight In US High Court
Arguing that stockholder rights to opt out of class-wide monetary settlements should no longer be "dependent on the accident of geography," attorneys for an AMC Entertainment Inc. stockholder asked the U.S. Supreme Court Tuesday to review opt-out denials in a deal that ended a Delaware Court of Chancery suit last year.
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August 20, 2024
Epic Will Pay Google $400K For Play Store Contract Breach
Epic Games has agreed to pay Google around $400,000 for implementing its own payment method in "Fortnite" and getting booted from the Play Store, as the court continues to mull what changes Google will have to make after a jury found that its policies violate antitrust law.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Broadcasters Fight Blockage Of Sports Streaming Megadeal
ESPN, Fox and Warner Bros. Discovery have petitioned the Second Circuit to allow their "sports-first" broadcasting service Venu to move ahead while they face antitrust litigation from streamer Fubo, which blocked Venu's launch last week.
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August 20, 2024
IP Duo Join Thompson Hine From Cincinnati Boutique
Thompson Hine LLP announced Tuesday that a pair of attorneys from intellectual property boutique Wood Herron & Evans joined the firm's office in Cincinnati, Ohio.
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August 20, 2024
BCLP Biz Litigator Jumps To Faegre Drinker In Chicago
Faegre Drinker Biddle & Reath LLP is boosting its trial team, announcing Monday it has brought in a business litigator from Bryan Cave Leighton Paisner LLP as a partner in its Chicago office.
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August 19, 2024
4 Ex-Girardi Keese Attys Are Federal Targets, Agent Testifies
At least four former attorneys with the defunct Girardi Keese law firm are under active investigation related to the federal government's California wire fraud case and have received letters informing them they are targets, an IRS criminal investigator disclosed Monday under cross-examination by Tom Girardi's attorney at his criminal trial.
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August 19, 2024
T.I. Can't Bar Witness Motivation Questions At Doll IP Retrial
Rapper T.I. can't block MGA Entertainment from questioning his customer witnesses' motivations to testify at the upcoming intellectual property retrial over the company's L.O.L. Surprise! doll line, and he likewise is barred from raising questions of cultural appropriation in that context, a California federal judge ruled Monday.
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August 19, 2024
Fed. Circ. Urged To Review Dish's Fight Over Atty Fee Liability
A technology industry group on Monday urged the full Federal Circuit to take a look at a precedential panel decision preventing Dish Network LLC from collecting fees directly from a patent litigation company's lawyer, arguing that the ruling "rips a gaping hole" in legal fee jurisprudence that would "immunize" lawyers from ever having to pay attorney fees for filing baseless patent lawsuits.
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August 19, 2024
FTC Pushes To Limit Meta's Merger Defenses
The Federal Trade Commission continues to push the D.C. federal court overseeing its monopoly suit against Meta to slim down the social media titan's defenses ahead of the trial that the Facebook parent company is still hoping won't happen.
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August 19, 2024
10 States Join DOJ's Antitrust Case Against Live Nation
The U.S. Department of Justice said Monday that it has updated the government's case accusing Live Nation of violating antitrust law through its control over the live entertainment industry to add 10 new states and claims for damages.
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August 19, 2024
Adidas Boots Suit Over Rapper Ye's Allegedly Racist Remarks
An Oregon federal judge has dismissed, for now, a suit against Adidas AG, accusing the company of failing to disclose the potential damage caused by its partnership with musician Ye, formerly known as Kanye West, following allegations that the artist made antisemitic comments, saying none of the corporate statements challenged as misleading in the suit are actionable.
Expert Analysis
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A Refresher On Calculating Political Advertising Costs
With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Navigating The Extent Of SEC Cybersecurity Breach Authority
The U.S. Securities and Exchange Commission's broad reading of its authority under Section 13(b)(2)(B) of the Securities Exchange Act in the R.R. Donnelley and SolarWinds actions has ramifications for companies dealing with cybersecurity breaches, but it remains to be seen whether the commission's use of the provision will withstand judicial scrutiny, say attorneys at Sullivan & Cromwell.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: FCC And Industry Must Prepare For Change
The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.
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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.