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Media & Entertainment
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July 10, 2024
Chevron's End Won't Affect Cubs Sale Tax Suit, 7th Circ. Told
An anti-abuse rule the IRS is using to push for taxes on gains from Tribune Media Co.'s sale of the Chicago Cubs is not threatened by the U.S. Supreme Court ruling overturning the Chevron deference doctrine, an attorney for the IRS told the Seventh Circuit on Wednesday.
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July 09, 2024
Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight
The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Industry, FCC Argue Net Neutrality's Fate After Chevron's Fall
Industry groups and the Federal Communications Commission filed competing briefs with the Sixth Circuit over whether to delay the enforcement of net neutrality rules after the U.S. Supreme Court tossed the longstanding Chevron doctrine that gave wide deference to agency decision making.
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July 09, 2024
9th Circ. Won't Revive Great-Grandson's Nazi-Looted Art Suit
The Ninth Circuit said Tuesday it won't rehear a unanimous panel decision that a Spanish museum has no obligation to return a Camille Pissarro painting that the Nazis stole from a Holocaust survivor's grandmother, despite a senior circuit judge's protest that California law should apply.
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July 09, 2024
Judge Greenlights New Defamation Claims In Sabotage Suit
A couple accused of sabotaging a North Carolina software company can countersue its co-founder and his wife for defamation, a state Business Court judge ruled Tuesday, casting aside concerns that allowing new claims at this late stage will delay the upcoming trial.
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July 09, 2024
FTC Is Denied Amazon's Instructions On Signal Use, For Now
A Washington federal judge refused Tuesday to give the Federal Trade Commission a peek into what it contends is the extensive use of Signal by Jeff Bezos and other top Amazon.com executives to hide communications relevant to a monopolization lawsuit, preferring to order deposition testimony on that use first.
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July 09, 2024
FCC Majority Takes Heat From House GOP Over New Regs
Democratic leaders of the Federal Communications Commission defended their regulatory policies Tuesday against House GOP critics who accused the agency of tacking in a partisan direction and passing new rules that Republicans said exceed the agency's statutory limits.
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July 09, 2024
Lauren Boebert Settles Liberal Group's Defamation Suit
Republican Congresswoman Lauren Boebert of Colorado and a liberal group that publicly alleged she worked as an escort, used meth and had abortions have settled a defamation suit the group brought against Boebert.
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July 09, 2024
Chancery Gives X Corp. One Week To Redact Twitter Docs
X Corp. has a little over a week to prepare public versions of sealed court documents from Twitter Inc.'s 2022 battle with Elon Musk over his $44 billion acquisition bid, after a legal research website challenged the ongoing confidential treatment of the Delaware Chancery Court filings.
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July 09, 2024
Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award
An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.
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July 09, 2024
Fed. Circ. Won't Revive Patent Fights Against Dating Apps
The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.
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July 09, 2024
9th Circ. Lets Librarian's Suit Against Dun & Bradstreet Go On
The Ninth Circuit has backed a California federal court's decision not to throw out a suit claiming Dun & Bradstreet Holdings sold personal information of individuals without consent, saying the proposed class action can move forward.
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July 09, 2024
Ex-DOJ Atty Tells Guo Jury Of Illicit Extradition Campaign
Prominent Chinese Communist Party critic Miles Guo capped off his defense to $1 billion fraud charges Tuesday with testimony from a former U.S. Department of Justice attorney, who admitted to participating in a plot to lobby the U.S. government for Guo's extradition to China.
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July 09, 2024
Meet Alec Baldwin's 'Rust' Shooting Defense Team
Facing a high-profile trial this week on involuntary manslaughter charges and the possibility of prison time, Alec Baldwin has turned to an eclectic group of defense attorneys who have represented Jay-Z and Elon Musk, recovered the art of Andy Warhol and Pablo Picasso, and last year secured an acquittal in another shooting case.
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July 09, 2024
5th Circ. Indicates Skepticism In Brett Favre Defamation Case
The Fifth Circuit on Tuesday seemed skeptical that comments made by former NFL star Shannon Sharpe about Brett Favre's alleged involvement in a massive Mississippi welfare fraud scheme amounted to defamation, pressing Favre's attorney over why the retired NFL quarterback didn't sue over Sharpe's more emotionally charged statements.
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July 09, 2024
Young Thug Wants To DQ Prosecutors Over Secret Meeting
Atlanta rapper Young Thug has called for the removal of two Fulton County prosecutors from his racketeering trial, arguing that a transcript of a secret meeting involving those prosecutors, a Georgia state judge and a key witness has revealed they unethically persuaded the witness to reconsider and testify against the rapper.
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July 09, 2024
Weinstein May Face Nov. Retrial As DA Vets New Rape Claims
Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.
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July 08, 2024
5th Circ. Unstrings Gibson's Win In Guitar Design TM Fight
Gibson must retry its case alleging a rival guitar maker sold counterfeit instruments that infringed its trademark on the Flying V guitar and other iconic models, the Fifth Circuit ruled Monday, saying the district court improperly excluded evidence.
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July 08, 2024
Holland & Hart Dodges Deposition Order In Discovery Spat
A Washington federal judge said from the bench Monday that she would not order the deposition of High 5 Games LLC's defense team for alleged discovery misconduct in a class action accusing the company of targeting gambling addicts, ruling the depositions were not crucial to make a case for sanctions.
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July 08, 2024
NBC Settles IP Suit Over Documentary Of Landscaping Co.
NBC has reached a deal in a copyright infringement suit in New York federal court brought by the owners of a video showing Rudy Giuliani claiming voter fraud in the 2020 presidential election, which was originally posted on YouTube before some of it appeared in a half-hour NBC documentary about how the press conference affected Four Seasons Total Landscaping.
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July 08, 2024
Fed. Circ. Won't Let Charter Shake Off Texas Patent Suit
The Federal Circuit on Monday turned down an argument from Charter Communications to direct a lower court in Marshall, Texas, to toss a patent infringement suit it's facing — less than a year after the cable company lost a nearly identical argument in a different patent case before the appeals court.
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July 08, 2024
3rd Truth Social Complaint Gets OK, Contempt Hearing Axed
Two former "Apprentice" contestants who claim to have created Donald Trump's social media app and are now alleging they are being cheated out of their Truth Social equity got Delaware Chancery Court's permission Monday to revise their complaint for a third time against the former president and his media company.
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July 08, 2024
Orgs Worry FCC Could Overreach On Network Security
The Federal Communications Commission should rein in its plans to impose new security rules regarding the crucial routing technology used by the internet, lest it prompt other countries to devise their own and start a domino effect, two internet security advocates have told the agency.
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July 08, 2024
Patient Says Health System Shares Data With Meta, Google
Henry Ford Health in Michigan was hit with a proposed class action Friday alleging that it shares patients' private health information with third parties such as Meta and Google by allowing the companies to have tracking software embedded in its website, including its patient portal, where sensitive health information is uploaded.
Expert Analysis
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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.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.