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Media & Entertainment
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May 17, 2022
Suit Over Fallen Cheese Art Settled With Border Wall Builders
Two contractors for the federal government's wall along the U.S.-Mexico border have reached a settlement with an artist accusing them of intentionally demolishing his art project crafted from cheese just yards away on private property, the parties told a California federal judge Monday.
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May 17, 2022
The Week In Bankruptcy: Purdue Bonus, PR Pension Appeal
Two dozen states objected to proposed bonus payments for the CEO of bankrupt drugmaker Purdue Pharma, the First Circuit declined to rehear an appeal over changes made to Puerto Rican teacher pensions as part of the island's restructuring, and Affordable Care Act penalties are taxes in bankruptcy court. This is the week in bankruptcy.
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May 17, 2022
SEC May Ink New Reg BI Guidance Amid Digital Trading Boom
U.S. Securities and Exchange Commission staff could soon publish more guidance related to the landmark Regulation Best Interest, agency Chair Gary Gensler said Tuesday as he called for stronger investor protections around online brokerages and cryptocurrencies.
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May 17, 2022
TV Buyers Push Back On Vizio's Bid To Ax Defective-TV Suit
A proposed class of television buyers is asking a California federal court not to throw out their claims that Vizio Inc. and its parent company knowingly sold defective OLED and QLED televisions, saying the complaint establishes the company's knowledge and concealment of the defect.
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May 17, 2022
'Meme Coin' Maker Wants Failed Sponsorship Lawsuit Nixed
The creator of digital assets known as "Let's Go Brandon meme tokens," named for a phrase that went viral among detractors of President Joe Biden, filed a motion Tuesday to permanently dismiss a proposed class action accusing the project of manipulating investors, arguing the suit wasn't properly served and the plaintiff's own statements contradict his allegations.
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May 17, 2022
Netflix Gets Tech Patent Trimmed At PTAB
Lawyers for Netflix made headway in their technology fight with Broadcom this week when they convinced the Patent Trial and Appeal Board to shave all but two claims from a patent that covers a method of connecting web programs to servers.
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May 17, 2022
Panel Says DOJ Can Shield Census Citizenship Question Docs
The D.C. Circuit ruled on Tuesday the U.S. Department of Justice had properly kept a nonprofit watchdog group from accessing communications between Trump administration officials over how to add a citizenship question to the U.S. census.
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May 17, 2022
DC Circ. Says Dish Must Face $3.3B Suit Over License Fraud
The D.C. Circuit on Tuesday revived a whistleblower's False Claims Act lawsuit accusing Dish Network Corp. of using sham companies to buy spectrum licenses worth billions of dollars, after finding that a district judge erroneously invoked the statute's "government-action bar" to dismiss the case last year.
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May 17, 2022
Meta Hit With Citizenship Bias Proposed Class Action
Facebook's new parent company was slammed with a putative class action lawsuit in California federal court Tuesday by a job applicant who is a U.S. citizen and accuses Meta Platforms Inc. of not hiring him in favor of certain visa holders it could pay less.
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May 17, 2022
Chinese Billionaire's Media Cos. Still Owe $133M, SEC Says
Media companies tied to Chinese billionaire Guo Wengui and former Donald Trump adviser Steve Bannon still owe $133 million after an order requiring them to pay $539 million over alleged securities violations, the U.S. Securities and Exchange Commission said.
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May 17, 2022
Gov't Can Dodge SeaWorld Orca Data Suit, DC Circ. Says
The D.C. Circuit on Tuesday rejected a suit over access to the medical data of three orca whales that died in SeaWorld captivity, after finding environmental groups hadn't shown that a favorable outcome would lead to the desired results.
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May 17, 2022
Ho-Chunk Nation Wins BIA's Final OK For Wis. Casino
The U.S. Bureau of Indian Affairs has approved the Ho-Chunk Nation's application for a casino in Beloit, Wisconsin, saying that the agency's assistant secretary made a final determination to acquire approximately 32 acres of land for the federally recognized tribe's gaming project.
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May 17, 2022
GOP Leaders Blast NTIA Terms For Areas Needing Broadband
Congressional Republicans are skewering a Biden administration policy holding that locales where high-speed internet projects are planned but remain incomplete still qualify for federal broadband subsidies meant for unserved areas.
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May 17, 2022
Senate Panel Advances Bill To Expand Broadband Fees
Legislation that would require the Federal Communications Commission to study the feasibility of collecting revenue from major tech and social media companies to bolster the Universal Service Fund is ready for a potential vote on the Senate floor after the Commerce Committee advanced the bipartisan legislation last week.
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May 17, 2022
'Chrisley Knows Best' Stars Blame Fraud On Ex-Biz Partner
The stars of reality television show "Chrisley Knows Best" are facing bank fraud and tax evasion charges because of a corrupt former business partner who lied to federal authorities, their counsel told a federal jury during trial openings in Atlanta on Tuesday.
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May 17, 2022
Cable Cos. Warn Against 'Heavy-Handed' Redlining Regs
Telecom industry players cautioned the Federal Communications Commission not to attempt "heavy-handed" regulation under an equal access law as it deals with unlawful discrimination in broadband deployment.
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May 17, 2022
Tort Report: Reddit Tries To Stop Revival Of Child Porn Suit
A Ninth Circuit appeal of a dismissed lawsuit accusing Reddit of profiting from child pornography and a wrongful death suit against TikTok lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 17, 2022
IP Attorney Reunites With Colleagues At CRK In Philly
An intellectual property attorney specializing in patent law has left BakerHostetler's Philadelphia office after eight years to reunite with his former colleagues at boutique firm Condo Roccia Koptiw LLP.
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May 17, 2022
Sidley Hauls In Sports Industry Duo From O'Melveny
Sidley Austin LLP has snagged new co-chairs for its entertainment, sports and media industry group from O'Melveny & Myers LLP, where they served in a similar capacity.
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May 17, 2022
Musk Threatens To Halt Twitter Deal Over 'Bots' Dispute
Tesla Inc. CEO Elon Musk said Tuesday his prospective $44 billion acquisition of Twitter Inc. will not proceed unless the social media platform's CEO can prove that "bots" represent less than 5% of Twitter users.
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May 17, 2022
'Borat' Star Ends $9M IP Suit Over Cannabis Billboard
"Borat" star Sacha Baron Cohen has agreed to dismiss his $9 million lawsuit against a Massachusetts cannabis cultivation and retail business that plastered the character's image on a billboard without permission, according to a Tuesday filing.
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May 17, 2022
Willkie Adds Loeb & Loeb Entertainment Partner In LA
Willkie Farr & Gallagher LLP has expanded its 9-month-old Los Angeles office by adding a Loeb & Loeb LLP entertainment transactional attorney as a partner, the firm said Monday.
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May 16, 2022
Amber Heard Denies Poop Prank In Depp Defamation Trial
Actress Amber Heard on Monday denied defecating in the bed she shared with ex-husband Johnny Depp as a prank, telling a Virginia jury hearing the "Pirates of the Caribbean" actor's $50 million defamation suit that the contested stool was produced by Depp's Yorkshire terrier Boo.
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May 16, 2022
SEC Probe Lingers As Trump's Social Media SPAC Eyes Deal
The special purpose acquisition company acquiring former President Donald Trump's social media platform said Monday it expects to complete its merger in the second half of 2022, assuming a regulatory investigation into the transaction doesn't derail the deal.
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May 16, 2022
Casino Manager Says Fraud Allegations Are Off The Table
The owner of a luxury casino on the hook for a $300 million arbitral award after ousting its management company has no right to grill the ex-manager's witnesses in an attempt to show that it defrauded arbitrators, the company has told a New York federal court.
Expert Analysis
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Kentucky Tax Talk: Unpacking The 2022 Legislative Session
Individual Kentuckians will feel the changes made this legislative session as cuts to state income tax increase their net pay, while new sales taxes make many purchases more expensive, a change unlikely to help or hurt most Kentucky businesses, say attorneys at Frost Brown.
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From Baseball To Blockchain: The Right Of Publicity In NFTs
Much like baseball trading cards, nonfungible tokens derive value from the right of publicity that creates a collectible product, and these rights may provide a valuable alternative to copyrights in addressing the problem of counterfeit NFTs, says Daniel Lifschitz at Johnson & Johnson.
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Opinion
2nd Circ. Reasoning In COVID Force Majeure Case Is Flawed
The Second Circuit's recent holding in JN Contemporary Art v. Phillips Auctioneers, that a force majeure clause permitted an auction house to cancel a contract because of COVID-19, was correctly decided, but for the wrong reasons, because the decision incorrectly characterized the operative clause as a catchall clause, says Joshua Wurtzel at Schlam Stone.
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The Fastest Federal Trial Courts: A Look At Virginia, Florida
The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.
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Writing NFT Trademark Applications That Protect Brands
As nonfungible tokens soar in popularity and courts grapple with whether and how to protect these brands, the U.S. Patent and Trademark Office is beginning to establish helpful precedent on trademark applications associated with NFTs, clarifying best trademark-filing practices, say Thomas Brooke and Rodrigo Javier Velasco at Holland & Knight.
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Tips For Evaluating Machine Learning For Contracts Review
Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.
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Alternatives For Metaverse Platform IP Enforcement Protocols
As brands that hope to profit from the metaverse face the challenge of protecting their intellectual property, platforms may benefit from putting in place nonjudicial protocols to streamline dispute resolution for patent infringement claims, says Benjamin Stasa at Brooks Kushman.
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How To Efficiently Deploy Your Professional Growth Strategy
Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.
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How The Tribune Cases Will Affect Fraudulent Transfer Claims
Although the U.S. Supreme Court declined to review the Tribune bankruptcy cases, the Second Circuit's decisions leave behind a lasting precedential legacy — especially regarding Bankruptcy Code Sections 546(e) and 548(a)(1)(A) — that will play an important role in future fraudulent transfer cases, say attorneys at Seward & Kissel.
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A 6-Step Framework For Legal Industry Professional Growth
Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.
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Why Contempt May Be Apt Punishment For High Court Leaker
Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.
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The Growing Complexity Of Commercial Rights Issues In NFTs
Purchase rights solutions lag the rapid growth of nonfungible tokens as investments, and until this issue is resolved, issuers and purchasers of NFTs will need to grapple with the challenges of applying traditional contract law principles to a technology based on decentralization, say attorneys at Skadden.
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State Actions Show NFTs Can't Escape Securities Regulation
As evidenced by recent cease-and-desist orders from Texas and Alabama, regulators are paying attention to nonfungible tokens, and companies cannot blindly classify digital assets as NFTs in order to dodge securities laws, say attorneys at Eversheds Sutherland.
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Antitrust Law As A Tool Against Privacy Abuses
As consumer protection statutes prove insufficient in combating privacy harms, regulators and courts increasingly recognize privacy violations as anti-competitive harm — with potentially momentous effects, say William Reiss and Matthew Geyer at Robins Kaplan.
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Opinion
Clients' Diversity Mandates For Law Firms Are Necessary
Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.