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Media & Entertainment
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July 02, 2024
YouTube Beats Kids Privacy Suit, But Plaintiffs Get 7th Shot
A California federal magistrate judge tossed with leave to amend Monday a revived proposed class action alleging Google and companies that host child-friendly YouTube channels illegally collected children's data from targeted ads, giving consumers a seventh shot to cure the deficiencies.
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July 02, 2024
Mike Huckabee Says Meta Hosted Fake CBD Gummy Ads
Former Arkansas Gov. Mike Huckabee says Meta Platforms Inc. has been allowing and hosting advertisements that falsely portray him promoting CBD gummies, leading to people falsely associating him with the CBD industry and marijuana use, according to a suit filed Monday in Delaware federal court.
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July 02, 2024
Stock Photo Co. Says $250M Privacy Suit Must Be Arbitrated
Canadian stock photography and video provider iStockPhoto LP has urged a California federal court to send to arbitration a $250 million proposed class action accusing it of violating privacy laws by revealing subscribers' video viewing and downloading behavior on Facebook.
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July 02, 2024
Apple Says It's Too Early For Discovery In DOJ Antitrust Case
There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
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July 02, 2024
FilmOn Founder Must Pay $900M In Sexual Battery Verdict
Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.
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July 02, 2024
'Shark Tank' Sweatshirt Biz Lands Injunction, But No Atty Fees
The startup behind "The Comfy" sweatshirt featured in an episode of "Shark Tank" that won an $18 million verdict against a rival sweatshirt brand has secured an injunction against the competitor, but it has failed to collect nearly $2 million in requested legal fees on account of "quarrelsome conduct on both sides," according to an Arizona federal judge.
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July 02, 2024
ACC Invokes 'Casablanca' In Media Rights Row With Clemson
The 1942 Hollywood classic "Casablanca" was given some airtime on Tuesday in a North Carolina state courtroom when the Atlantic Coast Conference, in seeking to prevent dismissal of its suit over media rights, drew a comparison between Clemson University and the duplicitous character of Captain Louis Renault.
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July 02, 2024
Prosecutors Rest In Chinese Exile's $1B Fraud Trial
Manhattan federal prosecutors on Tuesday concluded their case-in-chief in the $1 billion fraud trial of Chinese dissident Miles Guo, and the defense team began putting on its own witnesses to rebut the charges that the businessman convinced his followers to invest in sham companies.
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July 02, 2024
USPTO Faces TM Suit From Ariana Grande Over Benefit Show
Federal trademark officials wrongly turned down a bid by pop star Ariana Grande to register a trademark relating to a benefit concert she performed in England following the deadly bombing at one of her other shows in Manchester, according to a new lawsuit.
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July 02, 2024
4th Circ. Won't Rethink Google Ad Subpoena Decision
The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.
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July 02, 2024
Depo Gets Dad Ousted From Sesame Place Race Bias Case
The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.
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July 02, 2024
Captioning Providers Worried About FCC Rate Cuts
Companies that provide captioned telephone service for people with hearing and speech disabilities are criticizing a Federal Communications Commission proposal to reduce rates paid to providers, saying that successive rate cuts could jeopardize their credit lines and diminish their ability to raise capital if the agency doesn't change course.
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July 02, 2024
2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit
The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.
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July 02, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.
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July 02, 2024
More Ex-Basketball Players Sue NCAA For NIL Compensation
A group of former men's college basketball players, led by a pair from the 2008 national champion University of Kansas team, have filed a proposed class action in federal court accusing the NCAA of earning billions off the ongoing replay of their highlights without compensating them.
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July 02, 2024
'Angry' Connecticut AG Probing Music Festival Fiasco
Connecticut Attorney General William Tong on Tuesday announced that his office has launched an investigation into a three-day rock music festival organized by Capulet Entertainment LLC that drew big-name bands before the venue changed at the last minute, leading numerous acts to drop out and forcing attendees to abandon their outdoor camping plans.
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July 02, 2024
Congress Urges DOJ To Probe TikTok Kids' Privacy Concerns
A bipartisan group of lawmakers urged the U.S. Department of Justice on Tuesday to quickly review the Federal Trade Commission's complaint referral against TikTok and its parent company ByteDance Ltd. for possibly violating a children's privacy law.
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July 02, 2024
Cannabis Equity Licensee Says Rapper Burned Him In Deal
The holder of a Massachusetts social equity cannabis license says several entities affiliated with a marijuana brand created by hip hop artist Berner are trying to stiff him out of $2 million they agreed to pay for a stake in his Worcester dispensary, while still trying to assert control over it.
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July 02, 2024
Thomas Warns Of 'Danger In Delay' In Snapchat Abuse Case
The U.S. Supreme Court declined on Tuesday to review whether Section 230 of the Communications Decency Act immunizes platforms from lawsuits based on their own misconduct, rejecting a petition from a man who alleges that his high school teacher used Snapchat to send him sexually explicit material when he was 15.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 02, 2024
Justices Will Hear Texas' Porn Site Age Check Law
The U.S. Supreme Court will hear a case challenging a Texas law that requires people accessing websites containing explicit material to provide age verification before they can see the content, the nation's high court said Tuesday.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Ex-Ozy Media CEO Carlos Watson Takes Stand, Denies Fraud
Former Ozy Media CEO Carlos Watson on Monday testified that he is not guilty of charges that he deceived financial backers of the media and entertainment company about its allegedly dire financial state, while casting himself as the founder of an idealistic and scrappy startup that had more value than the government claims.
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July 01, 2024
What To Know: The High Court's Ruling On Social Media Regs
Rather than settling a circuit split over state laws curbing content moderation on the largest social media platforms, the U.S. Supreme Court on Monday remanded the cases — a decision many attorneys and First Amendment experts are viewing as a win for free speech online.
Expert Analysis
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'
The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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FTC Hearing On Fake Review Rule Stressed Compliance Costs
The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.
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BF Borgers Clients Should Review Compliance, Liability
After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.