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Media & Entertainment
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April 24, 2024
Canada Privacy Chief Aims To Make The Most Of Existing Laws
Amid his push for more robust enforcement powers, Canada's privacy commissioner hasn't forgotten that existing data protection laws still pack a punch and plans to continue to wield these tools to tackle priorities such as protecting children online and addressing concerns raised by technologies like ChatGPT, the regulator told Law360.
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April 24, 2024
'Black-ish' Actress Beats Suit Alleging She Stole Spinoff Idea
A California appeals court permanently ended on Monday a suit alleging actress Tracee Ellis Ross and producers of "Mixed-ish" stole a writer's ideas for a sitcom based on a mixed-race character growing up in the suburbs, finding there are no substantial similarities between the two shows.
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April 24, 2024
Kwok Jurors To Be Anonymous Amid Harassment Concerns
Jurors who will decide the criminal fraud and racketeering case against exiled Chinese billionaire Ho Wan Kwok will be anonymous and partially sequestered, a New York federal judge said on Wednesday, ruing that if their identities are revealed they could face the same harassment that befell Kwok's bankruptcy trustee.
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April 24, 2024
FCC OKs Detroit TV Deal — If Certain Conditions Are Met
The Federal Communications Commission approved the $75 million sale of a Michigan-based television station to Mission Broadcasting, but conditioned the sale on terms meant to ensure that Nexstar, the country's largest TV station group owner, does not have de facto control of the station.
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April 24, 2024
NFL Can't Tell Jurors Attys Fueled Sunday Ticket Suit
With an antitrust trial in long-running multidistrict litigation between the NFL and DirecTV subscribers over the league's Sunday Ticket football package set to kick off this summer, the judge overseeing the case is laying down the law about what can and can't be told to the jury.
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April 24, 2024
Plex Hit With Privacy Lawsuit Over Info Sharing With Meta
A California man is suing streaming platform Plex, claiming the company secretly shares viewing data with Facebook in violation of the Video Privacy Protection Act.
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April 24, 2024
3 Takeaways On How AI Is Forcing Publicity Rights To Evolve
As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.
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April 24, 2024
Backpage Execs Win Partial Acquittal In Prostitution Ad Retrial
An Arizona federal judge has partially overturned jury retrial convictions against two former Backpage.com executives and the now-defunct classifieds website's co-founder, but she refused to acquit the trio of all charges or grant a second retrial in a sprawling criminal case alleging they facilitated Backpage's $500 million prostitution scheme.
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April 24, 2024
Instagram Star Gets 7 Years For Multiple Fraud Schemes
A Brooklyn federal judge on Wednesday imposed a seven-year prison term on a former Instagram influencer who admitted to defrauding members of his Muslim community and others out of over $8 million via a bogus investment fund and Bitcoin theft, saying the crime probably should be featured on the television show "American Greed."
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April 24, 2024
Pacifica Will Pay $25K For Station Ad Violations, FCC Says
Pacifica Foundation Inc. has agreed to pay a $25,000 fine and enter into a compliance plan to resolve allegations that it allowed an iconic New York public radio station to air several shows promoting products without identifying the program sponsors.
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April 24, 2024
Trump Media Exec Urges GOP To Probe Stock 'Manipulation'
Devin Nunes, CEO of Trump Media Technology & Group Corp., is urging key House Republicans to investigate "anomalous trading" involving shares of the company that owns former President Donald Trump's social media platform, marking Nunes' latest effort to call attention to alleged signs of manipulation, according to a regulatory filing Wednesday.
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April 24, 2024
Colombian Actor Says His Visa Denials Are Full Of Mistakes
A Colombian actor with roles on Netflix and other channels and platforms has hauled U.S. Citizenship and Immigration Services into Florida federal court, alleging USCIS made numerous mistakes when twice denying him an immigrant visa available to actors with extraordinary ability.
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April 24, 2024
DOJ Wants To Weigh In On Texas Google Ad Tech Discovery
The U.S. Department of Justice asked a federal judge Wednesday for permission to file a statement of interest in a Texas-led lawsuit accusing Google of anticompetitive conduct in the display advertising market, writing that the states' request for certain discovery items may violate an order in a substantially similar suit the DOJ is pursuing in Virginia.
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April 24, 2024
TikTok To Take Divestment Bill To Court
TikTok vowed on Wednesday to challenge in court new legislation requiring ByteDance Ltd. to divest the popular social media app or face a ban in the U.S., a pledge made the same day President Biden signed the measure into law.
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April 24, 2024
'Net Neutrality' Timeline: From Brand X To Biden-Era Brawl
The legal fight over how to treat broadband service hits a new milestone Thursday in Washington, the latest in a dispute that started a generation ago, soon after consumers began widely using the internet in the 1990s.
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April 24, 2024
Congress Didn't OK FCC's 'Disparate Impact' Ban, Critics Say
Business groups told the Eighth Circuit on Wednesday that the Federal Communications Commission's new rules against discrimination in broadband deployment should be overturned because Congress never intended that the agency use a sweeping "disparate impact" liability standard.
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April 24, 2024
Group Fights SpaceX's FCC Grants After Musk's Actions In War
A pro-Ukraine nonprofit is urging the Federal Communications Commission to halt spectrum assignments to Elon Musk's SpaceX and launch an investigation into the CEO's "erratic" behavior, arguing that his alleged meddling in U.S. foreign policy could disqualify him from exercising control over the company's Starlink satellite network system.
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April 24, 2024
Bill O'Reilly Can't Duck Canceled Cruise Suit, Customer Says
Bill O'Reilly cannot use his New York ties to shrug off a proposed class action, a man denied refunds for a canceled cruise has told an Arkansas federal court, arguing the former Fox News host and others gave the court jurisdiction when they launched a nationwide marketing campaign for the trip that reached Arkansas residents.
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April 24, 2024
Chicago Museum Accuses New York DA Of Art Seizure Overreach
The Art Institute of Chicago has urged a New York criminal court to give back an Egon Schiele drawing seized by the Manhattan District Attorney's Office, saying the artwork was never looted by Nazis and prosecutors have no business litigating a civil ownership dispute.
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April 24, 2024
Joe Rogan Brain Health Supplements Don't Work, Suit Claims
A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company's own studies prove false its advertisements claiming the product is "clinically" proven to promote cognitive function.
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April 24, 2024
Baldwin Alleges 'Rust' Prosecutors Abused Justice System
Alec Baldwin is accusing New Mexico prosecutors of committing a "mountain of misconduct" in pursuing a "wildly out of control" involuntary manslaughter case against the "Rust" actor-producer.
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April 24, 2024
Toy Developer, Chinese Co. Settle Robot Source Code Suit
A Pittsburgh-based robot toy designer has settled and dismissed its dispute with a Chinese competitor over the alleged copying of the source code for a toy design acquired from a predecessor, according to federal court filings Tuesday.
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April 24, 2024
Trump Can't Subpoena Daniels For Alleged Bias In NY Trial
A New York state judge rejected Donald Trump's "overbroad" subpoena seeking records that the former president said would show bias by adult film star Stormy Daniels ahead of her testimony about an alleged hush money payment in 2016.
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April 23, 2024
Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts
An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
Expert Analysis
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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.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.