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November 22, 2024
FTC Can't Block Amazon's Misconduct Defense In Prime Suit
The Federal Trade Commission can't bar some of Amazon's defenses in an enforcement suit alleging consumers were duped into signing up for Prime delivery service, a Washington federal judge has ruled, with an order stating the e-commerce giant can argue the regulatory agency engaged in misconduct related to the litigation.
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November 22, 2024
Defamation Suit Against Ga. Election Chief Tossed
A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."
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November 22, 2024
Miley Says Claims That 'Flowers' Copied Bruno Mars Are DOA
Miley Cyrus has asked for the dismissal of a complaint from a music investment company that alleges she ripped off Bruno Mars' "When I Was Your Man" to create her hit "Flowers," arguing the plaintiffs lack standing because they do not own exclusive copyright rights to Mars' song.
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November 22, 2024
Microsoft Dismissed From Intercept's IP Suit, OpenAI Remains
A Manhattan federal judge dealt a huge blow to The Intercept's complaint accusing Microsoft and OpenAI of removing author and copyright information from works used to train ChatGPT, dismissing all claims against Microsoft and leaving only one claim against OpenAI alive.
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November 22, 2024
Norfolk Southern Says Artist's Timeline Doesn't Add Up
Norfolk Southern said Thursday it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.
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November 22, 2024
Social Media MDL Judge Threatens States With Contempt
A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."
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November 22, 2024
FCC Passes New Rules For Smart Car Tech
The Federal Communications Commission has adopted new rules governing cellular-vehicle-to-everthing technology in the 5.9 GHz band, officially carving out 30 megahertz of spectrum previously reserved for dedicated short-range radio communications for in-vehicle and roadside C-V2X units.
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November 22, 2024
High Court To Review Legality Of FCC's Subsidy Fees
The U.S. Supreme Court agreed Friday to review whether fees collected to support the Federal Communications Commission's array of telecom subsidy programs for low-income consumers, schools and rural healthcare run afoul of constitutional limits on taxing authority.
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November 22, 2024
Squire Patton Lawyer Dies In Laos Amid Poisoning Reports
A junior lawyer at Squire Patton Boggs LLP has died in Laos, the law firm confirmed Friday, amid reports in the media that she was the victim of a suspected mass poisoning incident.
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November 22, 2024
Shaq Pays Up to Exit NFT Securities Suit
In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.
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November 22, 2024
Taxation With Representation: Stradley Ronon, Davis Polk
In this week's Taxation With Representation, Amcor PLC buys Berry Global Group Inc., AeroVironment buys BlueHalo, Robinhood Markets Inc. acquires TradePMR, and Comcast Corp. spins off a suite of NBCUniversal cable television networks.
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November 22, 2024
DirecTV Scraps Dish Merger After Bondholder Rejection
DirecTV is abandoning a plan to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, after Dish DBS' bondholders rejected a proposed exchange debt offer that was required to seal the deal.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2024
Trump Sentencing Halted To Weigh President-Elect's Immunity
The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.
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November 22, 2024
High Court Quietly Pulls Meta Case Without A Ruling
The U.S. Supreme Court on Friday set aside a Meta Platforms Inc. case that sought to narrow the types of risk disclosures corporations need to make to investors, saying that the court shouldn't have taken up the case in the first place.
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November 21, 2024
Snap Moves To Toss New Mexico's Child 'Sextortion' Suit
Snap Inc. has moved to toss New Mexico's lawsuit accusing it of enabling child sexual exploitation on its instant messaging app, Snapchat, telling a New Mexico state court that the state's attorney general lodged a "sensationalist" lawsuit rife with patently false allegations.
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November 21, 2024
Vt. Telecom Hints DOJ Protected Biden Ally In Dish FCA Suit
A Vermont telecom all but accused the Department of Justice of undercutting the company's False Claims Act suit alleging fraudulent Dish Network spectrum bidding in order to protect a major donor to President Joe Biden, arguing Thursday that its suit should go forth even without the government's blessing.
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November 21, 2024
Sony Music Settles Bias Suit By Columbia CEO's Ex-Assistant
A New York federal judge dismissed a lawsuit Thursday by a former assistant to Columbia Records chief executive Ron Perry who claimed she was forced to resign after pushing back on hiring practices that discriminated against non-Black applicants, after Sony Music and the other parties informed the court they reached a settlement.
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November 21, 2024
Social Media MDL Judge Rips State Attys Defying Orders
A California federal magistrate judge overseeing discovery in multidistrict litigation over social media platforms' allegedly addictive designs on Thursday ordered states to provide the names and state bar numbers of agency counsel who have refused to comply with discovery orders, threatening sanctions and asking, "What happened to the rule of law?"
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November 21, 2024
FCC To Hit Video Doorbell Maker For Skirting Security Rules
The Federal Communications Commission wants to slap Chinese smart home device maker Eken with a more than $700,000 fine for breaking agency rules that require foreign companies to have an agent located in the U.S.
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November 21, 2024
Ill. High Court Won't Shield Sun-Times In Trump Tax Case
The Illinois Supreme Court ruled Thursday that the Chicago Sun-Times can't use an anti-SLAPP law to duck a defamation suit over the paper's coverage of an investigation into a $1 million property tax reduction granted to Trump Tower during the president-elect's first term.
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November 21, 2024
Oklahoma Tribe Asks DC Circ. To Revive Creek Land Lawsuit
An Oklahoma tribe is asking the D.C. Court of Appeals to revive its challenge to a U.S. Department of the Interior decision that rejected the tribe's proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee Creek Nation, arguing federally recognized Indigenous nations should stand on equal footing.
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November 21, 2024
Ill. Justices Overturn Jussie Smollett's Conviction
Illinois' high court ruled Thursday that prosecutors violated Jussie Smollett's constitutional rights by trying the actor after earlier dismissing his charges for falsely reporting a hate crime, saying the "fundamentally unfair" conviction must be voided.
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November 21, 2024
Trump Settles Copyright Suit Over 'Electric Avenue' Song
President-elect Donald Trump has settled a copyright lawsuit from the creator of the 1980s pop hit "Electric Avenue" who alleged the song was used without his permission in a social media post attacking President Joe Biden during the 2020 presidential election.
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November 21, 2024
FCC Targets Spoofing Scams With Third-Party Caller ID Regs
In hopes of better combating spoofed robocalls, the Federal Communications Commission on Thursday required telecoms to meet certain legal obligations when hiring third parties to verify caller ID data using a widely accepted technical standard.
Expert Analysis
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Del. Dispatch: Clarifying Charter Amendment Vote Obligations
The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.