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Media & Entertainment
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May 15, 2024
Chancery Nixes BuzzFeed Worker Arbitration Bid
Delaware's Court of Chancery dismissed from an arbitration access dispute on Wednesday 85 BuzzFeed Media Enterprises employees who sued for arbitration of a stock conversion right, rejecting claims that company employment agreements require Delaware courts to handle the issue.
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May 15, 2024
'Uber Files' Scandal Can't Prop Up Investor Suit, Judge Says
Uber Technologies has beaten back a proposed class action alleging that a trove of leaked internal records harmed shareholders by revealing corporate misconduct, with a California federal judge saying plaintiffs failed to prove that any of Uber's statements about the leak were false.
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May 15, 2024
MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize
The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.
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May 15, 2024
House Reauthorizes NTIA, But Agency Takes Heat From GOP
The U.S. House voted late Wednesday to reauthorize the National Telecommunications and Information Administration, hours after Republicans on a key oversight committee blasted the agency for its handling of the government's $42.5 billion broadband deployment effort.
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May 15, 2024
Plaintiffs Suing Over Netflix Doc Will Reveal Themselves
Three plaintiffs will publicly identify themselves to continue suing Netflix Inc. for disclosing their names in its documentary about a doctor who fraudulently inseminated his patients, but they warned an Indiana federal court Wednesday that going public would increase their harms.
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May 15, 2024
6th Circ. Frees Ex-Ohio Pol Pending Bribery Appeal
A former member of the Cincinnati City Council convicted of bribery and attempted extortion in connection with a sports betting redevelopment project spearheaded by a former Cincinnati Bengals player can stay out of prison while an appeal plays out, the Sixth Circuit said Wednesday.
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May 15, 2024
WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration
World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.
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May 15, 2024
Don't Make Network Outage Reporting Mandatory, FCC Told
Telecommunications industry groups are telling the Federal Communications Commission that rules requiring mandatory broadband outage reporting would burden small and rural providers and potentially distract from outage response.
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May 15, 2024
Little People Wrestling Co. Starts 'Micro' TM Fight With Rival
Low Budget Rock Star Entertainment LLC, which produces wrestling entertainment featuring little people, has accused two men of infringing its trademark by using the word "micro" in their own wrestling ventures, according to a lawsuit filed in Florida federal court.
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May 15, 2024
Sports Atty Settles Spat With Colo. Youth Hockey Org
The Colorado Amateur Hockey Association and a lawyer who's also an agent for professional athletes told a state court judge in Denver on Wednesday that they've resolved their dispute over the termination of the attorney's contract, before a trial that was scheduled to begin next week.
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May 15, 2024
House Panel Advances Tax-Exempt Org Oversight Bills
The House Ways and Means Committee approved a package of bills Wednesday that would increase scrutiny of foreign donations to tax-exempt organizations, including legislation that would require those organizations to publicly report the donations.
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May 15, 2024
FCC Could Require ISP Reports On Internet Routing Security
The Federal Communications Commission will vote on a plan next month to require the largest broadband providers to file confidential reports on security of the internet's main routing technology, the Border Gateway Protocol.
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May 15, 2024
Knicks Owner Must Face Sexual Assault Suit, Accuser Says
A massage therapist has urged a California federal court to not let New York Knicks owner James Dolan out of her lawsuit accusing him of coercing her into a sexual relationship, saying she sufficiently claimed that he forced himself on her despite her refusals.
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May 15, 2024
1 Year After Warhol, Judges Feel Their Way Through Fair Use
In the year since the U.S. Supreme Court ruled in favor of a rock photographer in a copyright dispute over Andy Warhol's iconic silkscreens of music legend Prince, judges have had to rethink their analysis of fair use — sometimes struggling to apply the high court's conclusions to the facts of the cases before them.
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May 15, 2024
Insurer Wants Payback For Covering Theater Group Theft
An insurance company has asked a Connecticut federal court to force a married couple to pay for coverage it granted a theater education group that it says was bilked out of nearly $588,000 by the pair via personal use of the nonprofit's funds.
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May 15, 2024
$2.5M Atty Sanctions Ruling Befuddles 7th Circ. Judge
A Seventh Circuit judge seemed perplexed Wednesday over how to resolve the "interesting mess" he said a district court created by sanctioning a Chicago attorney $2.5 million for taking the wrong artist to trial despite that district judge letting the case proceed in the first place.
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May 15, 2024
School, Library Advocates Oppose 'Eyes On The Board Act'
Tying E-rate funds to a school's willingness to restrict students' social media access while at school is a bad idea, a quartet of school and library advocates are telling Senate leaders in response to a bill that would do just that.
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May 15, 2024
FCC Ramps Up Spectrum Strategy With New Steering Team
The Federal Communications Commission has pulled together a team of experts to help the Biden administration develop the policies necessary to bring the president's national spectrum strategy to fruition, the agency announced Tuesday.
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May 15, 2024
Senators Release 'Road Map' For Crafting Federal AI Policy
A bipartisan group of senators on Wednesday laid out a "road map" for artificial intelligence policy that calls for increased AI innovation funding, testing of potential harms posed by AI and consideration of the technology's workforce implications.
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May 15, 2024
Kirkland Guiding Billionaire McCourt On Bid To Buy TikTok
Billionaire Frank McCourt, advised by Kirkland & Ellis, says he's building a consortium to purchase TikTok and redesign the platform to eliminate the collection of users' information, putting "people in control of their [own] digital identities and data."
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May 15, 2024
In Hush Money Case, Jury May Choose To Keep Silent, Too
Though Donald Trump's gag order violations have earned him a threat of jail time, First Amendment experts say jurors in the New York case will likely be free to speak their mind afterward if they want to — a dynamic that in rare instances has led to posttrial controversy.
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May 14, 2024
Musk Can't Avoid Another Deposition In SEC Twitter Dispute
A California federal judge on Tuesday ordered Elon Musk to testify once again in the U.S. Securities and Exchange Commission's suit over his $44 billion acquisition of X, formerly known as Twitter, finding that the SEC's subpoena "reasonably seeks" information relevant to the agency's investigation.
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May 14, 2024
Rumble Hits Google With Antitrust Suit Over Ad Practices
Canadian video sharing service Rumble on Monday launched its second antitrust lawsuit against Google, lleging in California federal court that the tech behemoth has built on its search engine monopoly to grab monopoly power across digital advertising markets, echoing claims in pending multidistrict litigation.
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May 14, 2024
Cohen Says Trump Directed Crimes From The White House
Michael Cohen on Tuesday told a Manhattan jury that he met with Donald Trump at the White House in the early days of the former president's administration to confirm the final component of what prosecutors say was a scheme to bury a sex story in order to swing the 2016 election.
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May 14, 2024
Netflix Can't Shake Patent Biz Case In Delaware
A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.