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Media & Entertainment
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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.
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April 19, 2024
9th Circ. Won't Revive J2 Investor's Suit Alleging Insider Deals
The Ninth Circuit declined Friday to revive a proposed securities fraud class action alleging that J2 Global Inc. hid underperforming acquisitions and dubious investments that benefited company insiders, finding the plaintiff investor did not sufficiently plead scienter as to alleged nondisclosures or that purported misstatements caused his losses.
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April 19, 2024
FAA Probing Rockies Coach's Mid-Flight Visit To Cockpit
The Federal Aviation Administration on Friday confirmed it has launched an investigation after Colorado Rockies hitting coach Hensley Meulens posted a video of himself sitting inside the cockpit during a United Airlines team-chartered flight.
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April 19, 2024
AI Image Cos. Say Artists Offer Little Proof In Copyright Case
Four companies that make or distribute artificial intelligence software that creates art through prompts have told a California federal court that a proposed class action from artists must end, arguing the plaintiffs still have not shown proof that any of the businesses infringed or induced infringement of copyrighted works.
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April 19, 2024
Madonna Sued, This Time In D.C., Over Late Concert Start
Madonna is facing another proposed class action alleging the pop star kept fans waiting hours for her concert to begin, this time from show attendees in Washington, D.C., who claim that Madonna and Live Nation are "a consumer's worst nightmare."
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April 19, 2024
Paramount Says 'Wolfman' Claims In 'Top Gun' Suit Don't Fly
Paramount Pictures has urged a California federal court to toss a lawsuit from the actor who played Henry "Wolfman" Ruth in the original "Top Gun," saying he cannot claim his image was used in the 2022 sequel without his permission because the movie studio owns all rights to the Wolfman character.
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April 19, 2024
Candy Crush Developer Gets Sweet Win In Fraud Suit
A Virginia woman has been ordered to arbitrate her proposed class action accusing the Maltese developer of Candy Crush, the popular smartphone puzzle game, of fraudulently inducing her to drop more than $3,000 on a tournament by misrepresenting her chances of winning thousands of dollars and a trip to London.
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April 19, 2024
Atty Says False Testimony Justifies Chrisleys' Acquittal
Attorneys for Todd and Julie Chrisley of the reality television show "Chrisley Knows Best," who are in prison after being convicted on federal charges of bank fraud and tax evasion, urged the Eleventh Circuit to undo their convictions on Friday, arguing prosecutors knowingly presented false, prejudicial testimony at trial.
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April 19, 2024
NY Scraps Proposal Impacting Local Broadband Networks
Public broadband advocates are applauding a budget bill approved by New York's state Legislature that lacks previously proposed language they say would have weakened the state's rollout of locally owned wireless networks.
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April 19, 2024
Trump's Trial Is Unprecedented. Attys On Juries? Not So Much
With two BigLaw attorneys tapped for the jury box in Donald Trump's first-in-history criminal case, Law360 spoke to trial vets who said their own experience in this tables-turned situation shows lawyers can make for highly engaged jurors under the right circumstances.
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April 19, 2024
Lawyer Too Late To Collect Fees From Aretha Franklin Estate
Michigan appellate judges have upheld the denial of a bid for attorney fees for a lawyer who complained he was not properly paid for work he did for Aretha Franklin, with judges determining the claims were time-barred.
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April 19, 2024
Quinn Emanuel Fights Sanctions Bid Over Musk Deposition
Quinn Emanuel Urquhart & Sullivan LLP has protested a move by a man suing Elon Musk for defamation to sanction partner Alex Spiro for his conduct during a deposition of Musk, telling a Texas state court Spiro was simply speaking up to protect Musk's interests and that the plaintiff was taking part in "school-yard antics."
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April 19, 2024
Feds Say Fake Promoter Touted Beyonce, Nicki Minaj Shows
A man used claims that he was a big-time concert promoter to solicit over $1 million from investors using promises of large returns, but he used the money to fuel a Ponzi scheme and make personal purchases, federal prosecutors in Texas have alleged.
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April 19, 2024
Sills Cummis Aims To Sink Atty Depo In Rock Musician Suit
Sills Cummis & Gross PC fought back against a move to force the deposition of one of its partners in a malpractice suit this week, arguing the plaintiff, the former manager of musician Nile Rodgers, has "manufactured" the dispute by refusing to hold up his end of a deal to be deposed first.
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April 19, 2024
NYT Inks Revised $2.4M Deal In Auto-Renewal Case
A class of New York Times readers who sued over the newspaper's automatic subscription renewal charges has asked a Manhattan federal court for initial approval of a roughly $2.4 million settlement, after the Second Circuit shot down an earlier agreement due to concerns about attorney fees.
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April 19, 2024
Antitrust Case Judge Reveals Husband's Ties With Apple
A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday that her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.
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April 19, 2024
Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs
A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.
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April 19, 2024
Self-Immolation Near Trump Trial Prompts Security Review
The New York Police Department is reviewing security protocols for former President Donald Trump's first criminal trial after a fatal incident in which a man set himself on fire across the street from the Manhattan courthouse where the proceeding was taking place Friday, underscoring safety concerns.
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April 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.
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April 18, 2024
'Severe Impact' If HBCUs Paid Athletes, NLRB Judge Told
A commissioner of an athletic conference for historically black colleges and universities testified Thursday in a hearing before a National Labor Relations Board judge that being forced to pay student-athletes a salary and treat them as employees would have a "severe impact" on those institutions.
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April 18, 2024
BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.
The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.
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April 18, 2024
NFL Can't Call Sunday Ticket Package A 'Luxury' At Trial
The NFL cannot describe its Sunday Ticket broadcast package as a "luxury" in an upcoming trial over class action antitrust claims that the television bundle is anti-competitive, a California federal judge has ruled.
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April 18, 2024
Google Judge Notes Broad Reach Of Texas Ad Tech Claims
A Texas federal judge pressed Google during oral arguments Thursday to explain why a coalition of state attorneys general can't sue over its dominance in advertising placement auction technology when they're representing not just companies suing separately, but consumers as well.
Expert Analysis
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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Copyright Ruling A Victory For Innovation In Publishing Sector
The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Deploying Analogies To Explore AI Copyright Questions
Xin Shao at F. Chau & Associates translates two representative artificial intelligence copyright cases into more traditional copyright law scenarios to facilitate the direct application of legal theories to undisputed technological facts.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Seized Art Ownership Row Highlights Importance Of Vetting
The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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'Trump Too Small' Args Show Justices Inclined To Reverse
The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Opinion
What 5th Circ. Uncrewed Aircraft Systems Ruling Got Wrong
The Fifth Circuit’s recent ruling in National Press Photographers Association v. McGraw threatens to dilute the First Amendment rights of photographers using uncrewed aircraft systems and undermine federal control of the airspace, and is indicative of how other courts may misinterpret the Federal Aviation Administration's new fact sheet down the line, say attorneys at Wiley Rein.