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Media & Entertainment
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October 29, 2024
Front Office Sports Sued For Using Luxury Real Estate Photos
Private equity-backed media outlet Front Office Sports is accused of unlawfully using luxury real estate photos online without permission, according to a lawsuit filed in New York federal court.
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October 28, 2024
Apple Withholding Docs In Monopoly Row, Epic Says
Epic Games and Apple continued on in a discovery dispute in Epic's suit accusing Apple of monopolizing the iOS app distribution and in-app payment processing markets, with the video game company saying in a joint letter filed Friday that Apple is withholding "tens of thousands" of responsive documents.
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October 28, 2024
Tech Groups Target Fla. Law To Restrict Kids On Social Media
A pair of tech industry trade associations are pressing a Florida federal court to strike down a new state law that would ban children under 13 and restrict 14- and 15-year-olds from social media, arguing that the measure would unconstitutionally stifle free speech and create new "honeypots" of personal data for hackers to exploit.
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October 28, 2024
Mass. Pole Attachment Regs Stymie Broadband, FCC Told
Internet provider GoNetspeed is again asking the Federal Communications Commission to step in and tell Massachusetts to straighten out its regulations for broadband pole attachments, saying the state's current regime is delaying deployment.
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October 28, 2024
Voter Can Take 'Ballot Selfie' As Suit Persists, NC Judge Says
A North Carolina federal judge has clarified that a Libertarian state senate candidate and voter may take and share a selfie with her ballot without the threat of prosecution, granting the candidate's motion to amend the judge's earlier injunction order.
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October 28, 2024
Judge Wary Of Dems' Injunction Bid In Suit Over Ad Spending
A D.C. federal judge seemed skeptical Monday that setting aside the Federal Election Commission's refusal to weigh in on a potentially unlawful political advertising strategy would level what the Democratic Congressional Campaign Committee alleges to be an uneven playing field.
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October 28, 2024
9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit
The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.
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October 28, 2024
Ex-'Bob's Burgers' Actor Gets 1 Year And 1 Day For Jan. 6 Riot
A D.C. federal judge on Monday sentenced former "Bob's Burgers" actor Jay James Johnston to a year and a day in prison after he pled guilty to a single felony count of obstructing officers during civil disorder for his role in the Jan. 6, 2021, insurrection at the U.S. Capitol.
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October 28, 2024
X Says Watchdog's Discovery Can't Target Musk In Libel Suit
X Corp. fired back Monday at a left-leaning watchdog's attempt to secure information concerning how the social media platform polices its content, telling a Texas federal judge that the organization is merely trying to get a "scoop" by obtaining Elon Musk's personal messages.
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October 28, 2024
NLRB Told To Study Starbucks Case In Newspaper Union Battle
A Pennsylvania federal judge on Monday told National Labor Relations Board attorneys to bolster their bid to force the Pittsburgh Post-Gazette's publishers back to the bargaining table with striking unions, pointing out the higher bar the U.S. Supreme Court recently set for obtaining injunctions against employers over unfair labor practices.
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October 28, 2024
FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes
Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.
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October 28, 2024
2nd Circ. Enforces NLRB Order Against Theater Co.
The Second Circuit has enforced a National Labor Relations Board order compelling a theatrical production company to hand over certain documents to the Actors' Equity Association, saying Monday the company can't cite a concern that the union might publicize the information as a reason to withhold it.
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October 28, 2024
FCC Looks To Build 'Single Network Future' Through Regs
The federal government envisions a "single network future" where smartphones can connect almost anywhere in the country thanks to regulations allowing signal coverage enhanced by satellites, the Federal Communications Commission's chief told academics.
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October 28, 2024
FCC Urged To Include Credit Unions In Broadband Fund Rules
Credit unions should be included along with banks under Federal Communications Commission requirements to secure letters of credit in order to receive funding for broadband networks, a national trade group told the FCC.
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October 28, 2024
OpenAI Pushes To Consolidate Discovery In Copyright Cases
Microsoft and OpenAI say that concerns from news outfits over consolidating discovery in their ChatGPT copyright lawsuits are "misplaced" and call a request to schedule more depositions "wholly unnecessary."
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October 28, 2024
Amazon, Google Accuse Website Of Selling Fake Reviews
Amazon and Google filed parallel lawsuits Monday in federal court against the entities behind a website they say facilitates fake product and business reviews, saying in an announcement that the two tech giants teamed up to "take action against bad actors attempting to deceive customers."
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October 28, 2024
FCC To Help Tribal Libraries Connect To E-Rate Funding
The Federal Communications Commission will help tribal libraries link up with funding through the E-Rate subsidy program for schools and libraries on a permanent basis.
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October 28, 2024
FuboTV Fights To Keep Broadcast Bundling Under Scrutiny
Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.
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October 28, 2024
Mass. Court's Wiretap Ruling May Be Bad Omen For Plaintiffs
A ruling by the Massachusetts high court rejecting wiretap claims over website operators' use of tracking software like Meta Pixel and Google Analytics shows the steep climb plaintiffs may continue to face as they try to apply older laws to modern technologies, experts told Law360.
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 28, 2024
Osage Call Need For Okla. ETC Designation 'Critical'
The Osage Nation of Oklahoma is asking once again for the FCC to designate it as an eligible telecommunications carrier so that it can more easily bring internet — and federal subsidy programs — to the underserved citizens of its reservation, which is roughly the size of Delaware.
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October 28, 2024
NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute
A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.
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October 28, 2024
Ozy Media CEO Wants Conviction Nixed Over Judge's Assets
The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.
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October 28, 2024
Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration
A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.
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October 28, 2024
Report Says To Allow Bulk Of Software Investor Suit
A U.S. magistrate judge has recommended against dismissing the bulk of an investor's suit alleging Decentral Life Inc. and a group of its licensees, including a cannabis social media site, misled him into investing more than $1.7 million by boasting bogus user counts.
Expert Analysis
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance
A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling
The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.
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Playing The Odds: Probing Sports Betting Allegations
With gambling-related controversies becoming a mainstay of the athletics landscape, it's essential for in-house and outside counsel to stay abreast of best practices for conducting sports betting investigations, say attorneys at Steptoe.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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A Refresher On Calculating Political Advertising Costs
With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.