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Media & Entertainment
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September 24, 2024
Pac-12 Suit Says Mountain West 'Poaching' Fee Goes Too Far
The Pac-12 Conference, which has spent much of September luring away five Mountain West Conference universities to rebuild its depleted membership, sued the rival conference Tuesday for imposing a "poaching penalty" of tens of millions of dollars in exit fees that it called "one-sided" and anticompetitive.
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September 24, 2024
Dish Owner Tells FCC Device Unlocking Good For Competition
Dish and its parent company EchoStar are leaning on the Federal Communications Commission to finalize requirements that mobile providers unlock a customer's device within 60 days of them signing up, so they can change carriers if they want.
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September 24, 2024
Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit
Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.
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September 24, 2024
4th Circ. Reluctant To Let NFL Fans Pass On Arbitration
The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.
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September 24, 2024
Combs Accused Of Filming Woman's Rape In New Suit
Hip-hop mogul Sean "Diddy" Combs was hit with a civil suit in New York federal court Tuesday alleging he and his former head of security raped a woman in 2001, recorded the assault and later disseminated the video.
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September 24, 2024
Meta Can't Nix Misrepresentation Claims In Revenue Split Suit
Meta Platforms Inc. can't nix misrepresentation claims by a Canadian news site alleging the social media giant rejected its ads without explanation in violation of its policy, after a California federal judge said Monday the plaintiff sufficiently alleged it relied on Meta's promises to provide such explanations when deciding to invest millions of dollars to advertise.
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September 24, 2024
Dish Slams 'Entitled' Standard General Exec's Race Bias Suit
Dish Network has called for sanctions against Soo Kim, his hedge fund Standard General and their attorneys, calling Kim's racial discrimination suit against Dish, the Federal Communications Commission and a collection of other media players "an expensive temper tantrum."
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September 24, 2024
11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute
The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.
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September 24, 2024
Favre Parkinson's Reveal Overshadows Welfare Fraud Hearing
Hall of Fame quarterback Brett Favre revealed he has Parkinson's disease during a congressional hearing on misuse of welfare funds, where he was overwhelmingly lauded and escaped tough questions about his alleged involvement in a sprawling Mississippi welfare scandal.
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September 24, 2024
Entertainment IP Veteran Joins Saul Ewing In New York
Saul Ewing LLP announced Tuesday that a longtime intellectual property attorney with over 30 years of experience representing clients in matters related to advertising and branding has joined the firm's New York office as a partner.
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September 24, 2024
1st Circ. Sides With Wynn Casino Over Voucher Payouts
The First Circuit affirmed a lower court's decision tossing a proposed class action over Wynn Resorts Encore Boston Harbor casino's use of vouchers instead of coins to pay out winnings under $1.
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September 23, 2024
Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image
Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.
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September 23, 2024
Nike, Others Let TikTok 'Fingerprint' Sites, Suits Claim
Nike, its subsidiary Converse and telehealth company Teladoc were each hit with proposed class actions on Friday in California federal court over allegations that they violated the state's "trap and trace" law by using TikTok software to collect personal data from visitors to their websites.
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September 23, 2024
Calif. Schools To Limit Or Ban Cellphones Under New Law
California Gov. Gavin Newsom on Monday signed into law a bill requiring Golden State school districts to limit or ban students from using smartphones during school hours in a bid to address mental health issues among the state's youth.
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September 23, 2024
Google Executive Says There's No Internal Ad Tech Advantage
A Google executive pushed back Monday on some of the U.S. Justice Department's most important allegations of a conflict of interest in the search giant's control over online display advertising placement technology, arguing that website publishers are in charge of how ads are placed and priced.
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
FilmOn Founder's $900M Battery Trial Loss Slashed To $90M
A plaintiff who won a $900 million sexual battery verdict against her former employer, FilmOn founder and Coca-Cola bottling fortune heir Alki David, has agreed to accept a reduced $90 million verdict rather than face a new damages trial recently ordered by a California state court, according to her counsel.
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September 23, 2024
Calif. Gov. Vetoes Privacy Bill, OKs Social Media Addiction Law
California's governor has refused to enact legislation that would have required browser developers to make it easier for consumers to stop the sale and sharing of their personal information, while approving a bill that will block online platforms from using algorithms to deliver addictive feeds to children without parental consent.
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September 23, 2024
'Bluey,' 'Paw Patrol' App Maker Sued Over 'Stealth Marketing'
A proposed class of parents is suing Budge Studios Inc., the maker of licensed phone and tablet applications for children's cartoons such as "Bluey" and "Paw Patrol," alleging that the company used predatory "stealth marketing" and "dark patterns" to entice children into getting their parents to pay for monthly subscriptions and in-app purchases.
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September 23, 2024
Navigation Co. Says Criticisms Of 900 MHz Plan Overblown
A navigation company that wants to use portions of the lower 900 megahertz band to set up an Earth-based broadband and geolocation network has told the Federal Communications Commission that critics' concerns about interference are overstated.
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September 23, 2024
Calif. Roller Rink Beats Suit Over Skater's Fall
A Los Angeles-area skating rink can't be held liable for a patron's fall, a Califorina appeals court ruled Monday, saying everyone agrees that skating is an inherently risky activity.
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September 23, 2024
Paxton Urges Firearms Ban Reversal Before State Fair Opens
Texas Attorney General Ken Paxton asked a state appeals court Monday for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, writing that the entity is "forcing thousands of law-abiding Texans to choose" between their constitutional rights and attendance at the state tradition, which opens Friday.
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September 23, 2024
House Swipes Right On Online Dating Safety Bill
The House passed a bipartisan bill via voice vote Monday requiring dating apps to inform users when they're talking with fraudsters.
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September 23, 2024
USC Lies Fueled 'Varsity Blues' Case, Exec Says In $75M Suit
A private equity executive who beat most charges in the "Varsity Blues" college admissions case hit the University of Southern California with a $75 million California state court suit, claiming he was duped into making a donation that ensnared him in the scandal.
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September 23, 2024
Radio Station Could Lose FCC License Over $32K In Back Fees
The Federal Communications Commission is threatening to strip a New Jersey gospel radio station's license over delinquent regulatory fees, telling the station it needs either to pay up, explain why the fees should be waived or risk losing its broadcast license.
Expert Analysis
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Contract Negotiation Prep Checklist For In-House Ad Lawyers
Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.