Analysis

Image Search Technology Raises New Copyright Questions

By Ivan Moreno

Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

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High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

By Alex Wittenberg

The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

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Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

By Cara Salvatore

Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

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Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

By Ben Adlin

A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

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Meta AI Glasses Privacy Suit Expands To Add Bystander Class

By Lauren Berg

Dozens of consumers are joining forces to sue Meta Platforms over allegations that the tech giant surreptitiously stores private videos captured by its "smart" glasses to train its artificial intelligence models, adding claims on behalf of bystanders who never agreed to be recorded, let alone used for training.

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5th Circ. Judge Hints Court Order With AI Errors Can't Stand

By Spencer Brewer

A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

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Northwest MLS Settles Compass' Listing Rules Antitrust Suit

By Rachel Riley

Northwest Multiple Listing Service and Compass Inc. have reached a settlement ending Compass' antitrust lawsuit targeting Northwest MLS' policy requiring brokerages to list all properties on its platform before marketing them elsewhere, with the listing service announcing Monday that it will introduce a new "first look" status as part of the deal.

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Hotel Cos. Owe For Stalled Arbitration Costs, Fla. Judge Says

By David Minsky

A Florida federal judge denied a request by two Spanish companies to avoid interest on an arbitration award involving missed rental payments to a Panamanian hotel-casino operator during the COVID-19 pandemic, finding there was a "case or controversy" even though costs were paid more than a year after the proceeding ended.

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NC Resort Community Members Accuse HOA Of Self-Dealing

By Nate Beck

Members of an owners association for a North Carolina resort community claim the complex's owner has diverted at least $25,000 from the governing body in a scheme that inflated budgets for landscaping and trash pickup to hide the self-dealing.

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Patent Owner Urges Fed. Circ. To Rethink Marking Decision

By Ryan Davis

A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

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Judge Trims Gospel Singer's Claims In Contract Fight

By Elliot Weld

A Georgia federal judge has trimmed claims brought by a gospel musician who sued his business manager and record label, claiming that his copyright interests were stolen and he was deprived of royalties.

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NJ College Absolved Of Gender Bias For Not Reinstating Prof

By George Woolston

A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

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McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

By Ben Adlin

A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

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Crypto Investment Firm Accused Of Fraud Must Face Ga. Suit

By Sydney Price

A Texas-based crypto investment company can't dodge a fraud suit brought against it in Georgia federal court, after a judge said the suit shows the firm and its management transacted business in the Peach State and used a business dinner in Atlanta to tout their offerings.

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Aiolos Seeks To Block Mass. Suit Over $1B GSK Deal

By Jarek Rutz

Aiolos Bio Inc. and two of its founders have asked the Delaware Chancery Court to stop a former Tier1 Bio Inc. stockholder from pursuing a Massachusetts lawsuit over Tier1's 2023 dissolution and Aiolos' later $1 billion sale to GlaxoSmithKline LLC, arguing he agreed to litigate such corporate disputes exclusively in Delaware.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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HSF Kramer Added To $1B King & Spalding Malpractice Suit

By Jack Karp

Herbert Smith Freehills Kramer LLP and several of its partners on Tuesday were added to a $1 billion legal malpractice suit against King & Spalding LLP alleging that the firms engaged in multiple schemes to enrich a lawyer's friend at the expense of investment firm White Oak Advisors.

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Fla. Bar Tosses Complaint Over DHS GC's 'Worst' Judge Posts

By Adrian Cruz

The Florida Bar has refused to investigate the general counsel of the U.S. Department of Homeland Security for potential ethics violations over his recent series of social media posts attacking sitting judges, citing a potential conflict with the authority of the federal government.

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Approach The Bench: Judge Rodriguez On The Uses Of AI

By Cara Bayles and Steven Trader

Today, Judge Xavier Rodriguez is known as an expert in electronic discovery and a proponent of artificial intelligence, but his interest was piqued before he joined the bench of the Western District of Texas in 2003, when he was still a lawyer and the methods for sifting through electronically stored information were still primitive.

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Judges Say Social Media, Political Rhetoric Endanger Them

By Adrian Cruz

Increased access to social media and personal data via the internet, a larger number of high-profile cases, and inflammatory comments made by politicians have led to a rise in violent threats against judges and concerns about their safety, according to a recently published report.

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Ex-Warriors GC, DEI Exec Say Bias Complaints Led To Firings

By Lauren Berg

The Golden State Warriors' former associate general counsel and its former vice president of diversity, equity and inclusion allege they were unlawfully fired in retaliation for speaking up about enduring a workplace marked by gender and race-based discrimination.

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NY Firm, Clinics Reject FedEx's 'Staged' Crashes Claims

By Linda Chiem

A New York personal injury firm and various healthcare providers have told a Manhattan federal judge that FedEx has asserted implausible claims alleging they orchestrated an insurance fraud scheme to fabricate medical records and inflate accident claims, saying there is no such racketeering enterprise.

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Brief

Barnes & Thornburg Says Ex-NBA Star Owes $1M Legal Fees

By Jonathan Capriel

Former NBA player Luol Deng is being sued for more than $1 million by a Chicago-based law firm that claims he failed to pay legal fees connected to two real estate matters, according to a suit filed in Illinois state court.

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Monthly Merger Review Snapshot

By Bryan Koenig

Paramount Skydance and Warner Bros. Discovery pressured state attorneys general challenging their merger to settle, the Federal Trade Commission successfully challenged a construction adhesives tie-up, state officials waded in against the NextEra-Dominion transaction, and Union Pacific Corp. and Norfolk Southern Corp. defended their combination under review by federal regulators.

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Roundup

The Top In-House Hires Of August

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Anthropic, Zillow and ConocoPhillips. Here, Law360 Pulse looks at some of the top in-house announcements from August.

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