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Media & Entertainment
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June 07, 2024
Split 5th Circ. Panel Calls Texas County 'True Library Police'
A Texas public library will have to reshelve several books that deal with issues such as racism and sexuality after a contentious majority ruling by a Fifth Circuit panel called the public officials and residents behind the book bans "the true library police."
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June 07, 2024
DC Circ. Undoes Library Of Congress Win In Fair Use Fight
The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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June 07, 2024
Trump Can Bring Atty To Presentence Interview
A New York judge ruled Friday that Donald Trump can bring his attorney with him when he sits down with a New York City probation officer for a presentence interview, granting an unusual accommodation to the former president before he is sentenced for his criminal conviction next month.
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June 07, 2024
'Success Kid' Ruling Shines Light On Post-Warhol Fair Use
The Eighth Circuit ruled Friday that last year's U.S. Supreme Court's Warhol decision dooms a fair use defense from a former Republican congressman whose failed reelection campaign was hit with a successful copyright lawsuit by the mother of the widely memed "Success Kid."
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June 07, 2024
FaZe Clan SPAC Investor Sues B. Riley In Chancery Court
Former stockholders of the blank-check company that took electronic sports and entertainment company FaZe Clan public in a $725 million transaction in July 2022 sued B. Riley Financial and others behind the deal on Friday in Delaware's Court of Chancery, alleging disclosure failures and breaches of fiduciary duty.
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June 07, 2024
Cities, Cable Cos. Seek Reg Changes As FCC Studies Markets
Cities want the Federal Communications Commission to jettison rules that they say unduly restrict cable franchise fees, while the cable business says the FCC needs to back off on regulation, as the agency scrutinizes the competitive landscape across multiple industries.
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June 07, 2024
David Beckham Settles Suit With Mark Wahlberg's Fitness Biz
Fitness club franchising company F45 Training, promoted by early investor Mark Wahlberg, has settled a breach of contract suit originally filed in California state court in 2022 that centered around a promotional deal involving international soccer icon David Beckham.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
FCC Asks 6th Circ. To Transfer Net Neutrality Cases To DC
The Federal Communications Commission on Friday urged the Sixth Circuit to transfer a set of challenges to the FCC's recently passed net neutrality rules to the D.C. Circuit, where similar suits have previously played out.
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June 07, 2024
Exotic Dancers Win Class Status For State Law Wage Claims
An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.
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June 07, 2024
Thomson Reuters Fired Worker For Anti-BLM Posts, Suit Says
A former Thomson Reuters data scientist says he was fired after complaining about an allegedly racially hostile work environment toward white people, including the removal of his posts criticizing the Black Lives Matter movement from a company message board.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
Pittsburgh Boutique Cozza Law Expands Into Nashville
Boutique Pittsburgh-based law firm Cozza Law Group PLLC has expanded into its third market in two years with the launch of its new Nashville location.
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June 07, 2024
Shein's Pursuit Of London IPO Proves US-China Rift Persists
Online fashion giant Shein's expected pivot to London rather than the United States for its initial public offering — triggered by persistent tensions between China and the U.S. — will be closely watched by IPO prospects mulling where to list their shares in a dicey geopolitical climate, experts say.
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June 07, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.
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June 07, 2024
Google Ad Tech Case Won't Go To Jury Due To Co.'s Payment
A Virginia federal judge ruled Friday that the U.S. Department of Justice's case accusing Google of monopolizing key digital advertising technology will be heard by the bench, and not a jury, thanks to a $2.3 million check from Google covering the amount enforcers could be awarded if they prevail.
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June 06, 2024
Netflix Hit With $170M Suit Over 'Baby Reindeer's' 'Brutal Lies'
Netflix built its popular stalker miniseries "Baby Reindeer" on "brutal lies" that have "ruined" the life of the Scottish lawyer who claims to have inspired the show — all because "it was a better story than the truth," according to a $170 million suit filed in California federal court Thursday.
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June 06, 2024
Alec Baldwin Faces New 'Rust' Shooting Civil Claims In NM
The family of cinematographer Halyna Hutchins, who was shot and killed on the set of "Rust," has lodged another civil suit against Alec Baldwin, this time in New Mexico, according to a complaint filed Wednesday in Santa Fe County court.
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June 06, 2024
NFL Sunday Ticket Is A Rigged Game, Antitrust Jury Told
An attorney for NFL Sunday Ticket subscribers told a California jury Thursday during opening statements of a multibillion-dollar antitrust suit that secret documents will prove the NFL engaged in anticompetitive behavior, and the trial would reveal the "darker side of the NFL behind the shield."
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June 06, 2024
Ex-Telemundo Worker Urges Panel To Revive Harassment Suit
A former Telemundo advertising executive urged an Eleventh Circuit panel Thursday to reverse a lower court's ruling to dismiss her sexual harassment lawsuit against the company, saying she sufficiently alleged a hostile work environment after reporting sexual harassment by her supervisors.
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June 06, 2024
Media Matters Wants Order Blocking Missouri AG's X Probe
Media Matters for America returned to D.C. federal court on Thursday to seek a court order barring Missouri Attorney General Andrew Bailey from investigating the progressive media watchdog over its reporting on X Corp., roughly two months after a D.C. federal judge barred Texas' attorney general from doing the same.
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June 06, 2024
Harvey Weinstein Bill Won't Become NY Law This Year
A New York state bill that would have made evidence of past sexual offenses explicitly admissible in sex crime trials — inspired by Harvey Weinstein's recent rape conviction reversal — has fizzled out in the state Assembly following its quick passage in the state Senate, New York legislators told Law360 Thursday.
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June 06, 2024
Senate Panel To Weigh Proposal For FCC Spectrum Auctions
A key Senate committee plans next week to take up Democratic legislation to renew the Federal Communications Commission's authority to auction the airwaves and use future revenues to pay for agency-related national priorities, the committee's chair announced Thursday.
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June 06, 2024
GOP Sens. Attack FCC Plan For AI Political Ad Disclosure
Four Republican senators on Thursday lambasted the Federal Communications Commission chair's recent proposal to consider if the agency needs new rules to disclose the use of artificial intelligence in radio and TV political advertising, saying such rules are out of the commission's authority and would confuse voters.
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June 06, 2024
MLBPA Says Bad Bunny Sports Firm Hurt By Its Own Actions
The Major League Baseball Players Association told a Puerto Rico federal judge that the sports agency linked to music superstar Bad Bunny has grossly overstated the impact it had on the business, arguing it is the agency's actions, not the association's "unreasonable sanctions," that caused injury.
Expert Analysis
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Bank Secrecy Act Lessons For Casinos After DOJ Settlements
The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.