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Media & Entertainment
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August 05, 2024
Mattel Beats $46M Contract Suit Over Reality Show Idea
A California jury has entered a verdict for Mattel Inc. in a $46 million contract suit brought against it by the company of "Lone Survivor" producer Norton Herrick alleging that the toy-maker stole its idea for a reality show in which inventors pitch toys to child judges, concluding there was no contract breach.
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August 05, 2024
Girardi's Defense May Stand On His Deteriorating Mind
Although a federal judge ruled disbarred lawyer Tom Girardi mentally competent to stand trial this month for wire fraud, the 85-year-old's defense team may use his dementia diagnosis to attack prosecutors' allegations he knowingly and intentionally stole millions of dollars from his clients, experts said.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
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August 05, 2024
Musk Accuses OpenAI Of Fraud, RICO Over Business Model
Elon Musk on Monday accused OpenAI Inc. and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court.
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August 05, 2024
TikTok Removes 'Addictive' Feature In EU Amid Pressure
TikTok has agreed to permanently discontinue a viewing rewards program from the European Union after regulators there said its "addictive" nature could pose a risk to users' mental health, the European Commission announced Monday.
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August 05, 2024
Meet The Attorneys In Tom Girardi's Criminal Fraud Trial
When Tom Girardi's criminal fraud trial gets underway this week, the notorious disbarred attorney will be facing a team of seasoned federal prosecutors who've convicted several former Los Angeles City Council members, a sitting U.S. congressman, insider traders, Ponzi schemers and con artists who bilked millions from their victims.
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August 05, 2024
The 'No Nonsense' Calif. Judge Overseeing Girardi's Trial
The California federal judge who will preside over the closely watched criminal trial of disgraced attorney Tom Girardi is a veteran jurist who runs a tight ship, but is also known for being extraordinarily thorough and thoughtful.
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August 05, 2024
What To Watch Out For During Girardi's Trial
With evidence of allegedly stolen millions and attempted escapes to the Bahamas taking center stage, disgraced attorney Tom Girardi's criminal trial is set to begin Tuesday at the murky intersection of client theft and TV celebrity, where attorneys will grapple with novel legal issues like the use of evidence from a bankruptcy trustee.
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August 05, 2024
Rising Star: Quinn Emanuel's Dylan Scher
Dylan I. Scher of Quinn Emanuel Urquhart & Sullivan LLP helped defeat trademark claims lodged against his client, Jackpot, an app for buying lottery tickets, earning him a spot among the media and entertainment law practitioners under age 40 honored by Law360 as Rising Stars.
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August 05, 2024
Pennsylvania Legislation To Watch In 2024: A Midyear Report
The Pennsylvania Legislature is following other jurisdictions striving to make social media safer while preserving free speech, and putting stricter limits on "forever chemicals" that had been widely used in firefighting applications and products for resisting stains and stickiness. Here, Law360 looks at some of the Pennsylvania bills attorneys are watching in 2024.
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August 02, 2024
Judge Knocks Stuffing Out Of Build-A-Bear's Missouri IP Suit
A Missouri federal judge on Friday tossed Build-A-Bear Workshop's lawsuit seeking a declaration that its new Skoosherz stuffed toy line doesn't infringe trade dress rights claimed by Kelly Toys' popular Squishmallows, finding that the Missouri court doesn't have jurisdiction over the IP dispute, which is also being litigated in California.
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August 02, 2024
NFL's $4.7B Hail Mary Hinged On Debunking Experts
A California federal court tossed a $4.7 billion jury verdict Thursday in an antitrust case over the NFL's Sunday Ticket broadcast package due to concerns about experts that testified for the subscribers, but the move raises questions about why the court waited so long to exclude them.
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August 02, 2024
Hospital Says 'Maya' Case Shouldn't Have Gone To Jury
Johns Hopkins All Children's Hospital Inc. asked a Florida appeals court on Friday to undo a $208 million judgment for the family of Maya Kowalski, the girl at the heart of the Netflix documentary "Take Care of Maya," arguing that their claims that the hospital's treatment of Maya caused her mother's suicide should never have gone to a jury.
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August 02, 2024
Class Suit Over Changed Music Venue Changes Conn. Forums
A proposed class of ticket buyers who claim to have been shortchanged when an organizer suddenly shortened a three-day Connecticut music festival and moved the event to a much smaller venue have refiled consumer protection, contract and negligence claims in state court Thursday after pulling a short-lived federal complaint.
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August 02, 2024
Supporters Of TikTok Ban Make Case To DC Circ.
Federal lawmakers, state governments, former U.S. national security officials, human rights nonprofits and antimonopoly advocates all urged the D.C. Circuit to uphold Congress' TikTok sale-or-ban law Friday, the final day for amici briefs to be filed in the Chinese company's challenge.
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August 02, 2024
Microphone Co. Eyes Sanctions After Scoring Win In IP Row
A maker of microphone isolation products that won a trade dress infringement lawsuit at trial has asked a California federal court to order a rival and its counsel to pay its attorney fees because of a "repeated pattern of vexatious litigation in the face of overwhelming and contrary law."
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August 02, 2024
Ill. Gov. Pritzker Signs BIPA Reform Into Law
Illinois Gov. J.B. Pritzker signed biometric privacy reform legislation into law on Friday, significantly reducing companies' potential liability for collecting or sharing individuals' fingerprint and other biometric data without informed consent.
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August 02, 2024
Public Interest Groups Back ISP Bulk Billing Opt-Out
More than 30 public interest groups urged the Federal Communications Commission to allow consumers in multitenant environments to "escape" bulk billing for broadband service but quickly saw pushback from an industry group that calls the arrangements beneficial.
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August 02, 2024
Chancery Won't Force Open Paramount's Books On Skydance
A pension fund shareholder that sued Paramount Global for more information on its pending merger with Skydance Media may not have access to the entertainment company's corporate documents because the pension fund hasn't shown a "credible basis" to suspect wrongdoing, Delaware's Court of Chancery ruled Friday.
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August 02, 2024
DOJ Says Apple 'Has No Basis' To Delay Discovery
The U.S. Department of Justice is urging a New York federal judge to get the ball rolling on discovery in its case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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August 02, 2024
Privacy & Cybersecurity Midyear Report: 4 Areas To Watch
New York and Colorado shook up the data privacy landscape by enacting groundbreaking laws protecting children online and clamping down on high-risk uses of artificial intelligence during the first half of 2024, and both states and the federal government are expected to devote considerable attention to these areas in the coming months.
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August 02, 2024
Manhattan DA Slams Trump's 'Regurgitated' Recusal Bid
The Manhattan district attorney pilloried Donald Trump's renewed request for the judge overseeing his hush money case to recuse himself, branding it a "regurgitated" attempt to rehash issues the court already decided without any new facts — besides Kamala Harris' presidential bid.
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August 02, 2024
DC Circ. Rejects Speech Rights Challenge To DMCA
A D.C. Circuit panel on Friday knocked down a challenge to a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, ruling that the law is in line with the First Amendment.
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August 02, 2024
Judge Snuffs Out Collectibles Exec's Bid For New Fraud Trial
A New York federal judge has spurned the efforts of a collectibles entrepreneur convicted of fraud to get a new trial, saying notes the defendant believes would have swayed the outcome are not as important as he thinks and probably inadmissible.
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August 02, 2024
Alec Baldwin's Prosecution Ripped In 'Rust' Order
A New Mexico judge who dismissed the "Rust" shooting case against Alec Baldwin has issued a scathing order finding that the lead prosecutor "intentionally and deliberately" withheld evidence from the defense, gave "inconsistent" testimony during an evidentiary hearing and elicited false testimony from a witness.
Expert Analysis
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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When The Platform Is A Product, Strict Liability Can Attach
A New York state court's recent ruling in Patterson v. Meta, holding that social media platforms can be considered products, appears to be the first of its kind — but if it is upheld and adopted by other courts, the liability implications for internet companies could be incredibly far-reaching, say attorneys at Patterson Belknap.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.
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Keeping Up With Class Actions: A New Era Of Higher Stakes
Corporate defendants saw unprecedented settlement numbers across all areas of class action litigation in 2022 and 2023, and this year has kept pace so far, with three settlements that stand out for the nature of the claims and for their high dollar amounts, says Gerald Maatman at Duane Morris.
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.