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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
Meet The Attys Arguing Meta's High Court Disclosure Suit
Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.
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November 01, 2024
Cloud Co. To Pay $300K Over FCC Subsidy Fund Paperwork
Cloud communication company Fuze Inc. is going to be shelling out $300,000 to the Federal Communications Commission for not following certain rules related to Universal Service Fund contributions, the agency said Friday.
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November 01, 2024
2nd Circ. Won't Revive Warner Bros. Discovery Merger Suit
The Second Circuit refused Friday to resurrect a putative shareholder class action over the $43 billion tie-up that created Warner Bros. Discovery Inc., saying pre-merger documents adequately informed investors about streaming subscriber numbers and planned business strategies for the combined media giant.
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November 01, 2024
Paramount Sends User Data To Facebook, TikTok, Suit Says
Paramount Global faces a proposed class action in New York federal court by a subscriber who accuses the streaming giant of sharing users' personally identifiable information, including their viewing history, with third parties like Facebook, TikTok and Google without permission, in violation of the Video Privacy Protection Act.
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November 01, 2024
Michael Jordan's NASCAR Team Sees Discovery Bid Dunked
A North Carolina federal judge has rejected a bid for expedited discovery in an antitrust suit against NASCAR filed by two racing teams, including one owned by Michael Jordan, saying the proposed requests are not narrowly tailored enough and that the time frame sought would "put a significant burden" on NASCAR.
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November 01, 2024
Hip-Hop Artist Madlib Says Biz Manager Is Holding IP Hostage
Hip-hop producer Madlib has filed suit in California state court alleging his longtime business manager has engaged in "rank self-dealing" and is now holding the artist's music and intellectual property rights hostage.
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November 01, 2024
Gallery Owner Ends Virus Coverage Fight After Calif. Ruling
A California gallery owner has ended its COVID-19 property insurance dispute with a Hartford unit in the wake of a California Supreme Court ruling in August finding that a virus exclusion in a restaurant's policy, issued by the same unit, did not render coverage illusory.
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November 01, 2024
Newbury Street SPAC Returns To Market With $150M Offering
Special purpose acquisition company Newbury Street II Acquisition Corp. began trading Friday after raising a $150 million initial public offering, guided by three law firms, and marking the second Newbury Street vehicle to go public under similar management.
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November 01, 2024
Amazon Denies Alexa Spying Claims, Seeking Class Suit Win
Amazon is trying to stamp out a proposed class action in Washington federal court brought by Alexa users who claim the device surreptitiously recorded their personal conversations, saying years of discovery has shown audio from their accidental device activations was never exploited by the company or even subject to human review.
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November 01, 2024
Judge Skeptical Of NYC Mayor's Bid To Dismiss Bribery Count
A Manhattan federal judge on Friday voiced skepticism of New York City Mayor Eric Adams' motion to dismiss his bribery charge, and set an April trial date in a case accusing the mayor of taking travel perks from Turkish officials in exchange for official favors.
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November 01, 2024
Retail Center Says AIG Unit Must Cover Foundation Damage
A real estate management company owned by Rick Caruso, a 2022 candidate for mayor of Los Angeles, accused an AIG unit of failing to cover property damage at one of its shopping complexes, telling a California federal court the insurer delayed notice for nearly 10 years.
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November 01, 2024
2nd Circ. Agrees Ed Sheeran Didn't Rip Off 'Let's Get It On'
A Second Circuit panel on Friday said Ed Sheeran's hit "Thinking Out Loud" did not rip off Marvin Gaye's Motown classic "Let's Get It On," affirming a lower court's summary judgment order that concluded the musical building blocks of Gaye's song were not original enough to be protectable.
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November 01, 2024
Rent The Runway Wants Redo On Investor Suit Exit Bid
Rent the Runway, actress Gwenyth Paltrow and the company's underwriters have urged a New York federal judge to rethink her September order that kept alive certain claims in a proposed investors class action alleging the clothing rental company failed to inform investors about major challenges it was facing in the run-up to its 2021 initial public offering.
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November 01, 2024
Electric Co-Ops Urge NTIA To 'True Up' Broadband Funding
Electric cooperatives want the U.S. Commerce Department to implement a "true-up" process to ensure that only locations still in need of reliable broadband match well with federal funds available under a $42.5 billion spending program to deploy service in unserved areas.
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November 01, 2024
College Athletes' Attorney Rebuffs NIL Settlement Critics
A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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November 01, 2024
US Must Revamp Spectrum Policy To Compete, Org. Says
The U.S. is on the verge of a "great strategic blunder" by allowing its spectrum auction authority to lapse and setting aside too much spectrum for short-range unlicensed wireless use, risking the loss of its competitive edge to China, a think tank says.
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November 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
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October 31, 2024
Trump Sues CBS For $10B Over 'Doctored' Harris Interview
Former President Donald Trump on Thursday lodged a $10 billion "election and voter interference" suit against CBS News in Texas federal court, accusing the network of deceptively doctoring Vice President Kamala Harris' answer to a question concerning Israeli Prime Minister Benjamin Netanyahu from a "60 Minutes" interview earlier this month.
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October 31, 2024
Sony Sues CBS Over Bad 'Wheel of Fortune,' 'Jeopardy!' Deals
Sony Pictures accused CBS of violating their contract to distribute the popular syndicated game shows "Jeopardy!" and "Wheel of Fortune" to domestic stations by instead executing unauthorized foreign licensing deals in New Zealand and Australia while failing to maximize advertising revenue, according to a complaint lodged Thursday in California state court.
Expert Analysis
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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AI Art Ruling Shows Courts' Training Data Cases Approach
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout
A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.
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Opinion
Agencies Should Reward Corporate Cyber Victim Cooperation
The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Playing The Odds: Tackling Athlete Gambling Investigations
The rapid rise of sports gambling presents new and unique challenges, so it's important for attorneys to be able to navigate a dynamic web of complex, high-stakes relationships between athletes, the betting public, athletic organizations, sportsbooks and law enforcement — all while under intense public scrutiny, say attorneys at Steptoe.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.