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Media & Entertainment
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
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April 22, 2024
Astroworld Victims Push For More Travis Scott Cell Data
Victims of Travis Scott's fatal Astroworld festival have made another push to access the rapper's cellphone records ahead of trial, telling the court Monday that defense attorneys "self-selected" search terms for the rapper's texts that are too narrow to capture communications he sent before and after the tragedy.
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April 22, 2024
As DA Aims High, Trump Defense Gets 'Down And Dirty'
Donald Trump lifted the curtain Monday on his strategy to win over jurors in his New York criminal hush-money trial, as a lawyer for the former president hammered the state's "liar" star witness and rejected the prosecution's quixotic framing of the case, experts observed.
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April 22, 2024
Ex-Gov. Huckabee Says Bloomberg Can't Duck Copyright Suit
Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.
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April 22, 2024
Google Faces Sanctions Bid Over Alleged Data Destruction
A putative class of Google account holders urged a California magistrate judge to sanction and hold Google in contempt for purportedly intentionally destroying key evidence in their suit, which claims Google's ad auction practices violate privacy rights, arguing Google has a pattern of the alleged misconduct in the district.
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April 22, 2024
EU Threatens To Suspend 'Addictive' TikTok App Features
The European Commission warned TikTok on Monday that it may suspend a key feature of the video sharing platform's new app that rewards users for watching videos unless it addresses the watchdog's concerns about addictive elements of the new app and its risk to mental health.
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April 22, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.
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April 22, 2024
Mass. Justices Say For-Profit Biz Can't Duck Billboard Tax
A for-profit advertisement company cannot get a tax exemption for its management of billboards owned by the Massachusetts Bay Transit Authority, the state's high court said Monday.
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April 22, 2024
Trump Led Plot To Undermine 2016 Election, NY Jury Told
A prosecutor told a Manhattan jury on Monday that Donald Trump was the head of a conspiracy to undermine the integrity of the 2016 election through hush-money payments, kicking off the first criminal trial of a former president.
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April 22, 2024
High Court Denies US Soccer Petition In Antitrust Challenge
The U.S. Supreme Court denied a petition by the U.S. Soccer Federation asking it to dismiss for good a suit by a sports promoter accusing it of violating antitrust law by refusing to sanction international pro soccer games on American soil.
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April 22, 2024
Coverage Recap: Day 1 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to adult film actress Stormy Daniels ahead of the 2016 election. Here's a full recap from day one.
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April 20, 2024
House Passes Another Bill To Force TikTok Divestment
The House voted 360-58 on Saturday to pass a bill requiring ByteDance Ltd. to divest TikTok or face a ban in the U.S. and giving the parent company a longer runway to sell the app than a version the House previously passed in March.
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April 19, 2024
Trump On Verge Of Legal History As Full NY Jury Picked
Jury selection wrapped up Friday in the hush money trial of Donald Trump, setting the stage for opening statements to begin on Monday after a New York appeals court denied a last-ditch bid by the former president to delay the unprecedented case.
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April 19, 2024
Edelson Pitches 'Better Way' To Pick Leads In Privacy Suits
Plaintiffs in proposed privacy class actions should be given more say in who's picked as class counsel, in order to crack down on the "anemic settlements" that have resulted from the ineffective "old way of litigating" these matters, law firm Edelson PC argued in vying for lead counsel in a dispute over a data breach at genetics testing provider 23andMe.
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April 19, 2024
SBF Inks Deal To Help FTX Investors Go After Promoters
Investors who launched multidistrict litigation over cryptocurrency exchange FTX's collapse asked a Florida federal judge Friday to bless their settlement with founder Sam Bankman-Fried, who has agreed to assist in their case against celebrities who promoted the platform and other defendants alleged to be part of the fraud scheme.
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April 19, 2024
Meta Faces Uphill Fight To Nix AG Claims In Addiction MDL
A California judge expressed skepticism Friday over Meta's bid to ax the claims of 34 state attorneys general from multidistrict litigation over social media platforms' allegedly addictive design, saying Meta and its co-defendants haven't been transparent about how their platforms work, and it's plausible the states can obtain psychiatric treatment receipts to show economic injuries.
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April 19, 2024
Hearst, Security Co. Ignored Stalker Delivery Driver, Suit Says
A Houston woman has accused a Hearst Newspapers LLC delivery driver in state court of repeatedly harassing her and engaging in stalking behavior, adding that the parent company of the Houston Chronicle and a security company were negligent in ignoring her complaints about him.
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April 19, 2024
Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told
As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.
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April 19, 2024
PE Exec Can Recoup $1M 'Varsity Blues' Forfeiture
A private equity executive whose conviction in the "Varsity Blues" college admissions case was almost entirely wiped out by the First Circuit is entitled to a refund of $1 million he paid to the scheme's ringleader, a federal judge ruled Friday.
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April 19, 2024
Trump Media CEO Fears Illegal Short Selling Is Harming Stock
The chief executive of the company that owns Donald Trump's Truth Social platform wants Nasdaq's help in determining whether manipulation stemming from illegal short selling is harming the company's stock price, according to a securities filing on Friday.
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April 19, 2024
Roku Beats Streaming-Tech Infringement Suit In Texas
A Texas federal jury on Friday cleared Roku Inc. on allegations that it infringed two Ioengine LLC patents with its various streaming players, while not addressing arguments that those patents should be invalidated.
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April 19, 2024
Vegas Paper Wants Antitrust Suit Paused For Appeal
The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.
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April 19, 2024
SpaceX Wants 'Flexible' Net Neutrality Rules For Satellites
SpaceX is continuing its push for the rights of broadband providers to manage their networks, asking the Federal Communications Commission in a meeting this week to allow for a "flexible standard" as the commission's vote to reinstate net neutrality regulations approaches.
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April 19, 2024
Tattoo Artist Loses IP Trial Against NBA 2K Video Game Cos.
An Ohio federal jury on Friday found in favor of the makers of the video game series NBA 2K, which were accused by a tattoo artist of infringing copyrights he has on tattoos that he inked on LeBron James and other basketball players.
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April 19, 2024
DOJ Can't Coordinate Google Ad Tech Discovery With Texas
A Virginia magistrate judge on Friday denied a request from the U.S. Department of Justice to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas.
Expert Analysis
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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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.