The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.
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TOP NEWS

2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

By Theresa Schliep

The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

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7th Circ. Affirms NYT, Getty Photogs Not Targeted By Cops

By Craig Clough

A Seventh Circuit panel Tuesday affirmed a lower court's ruling that photojournalists for The New York Times and Getty who say they were struck by foam baton rounds while documenting civil unrest at the Kenosha County courthouse in 2020 were not intentionally targeted or singled out by officers.

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Google's Copyright Claims Over Scraping Tossed, For Now

By Ivan Moreno

A California federal judge has dismissed Google's complaint accusing data-scraping company SerpApi of bypassing technological safeguards to copy and resell the tech giant's search results, ruling that Google did not plausibly allege its anti-scraping system operated with the authority of copyright owners whose content appeared in those results.

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Warner Bros., HBO Win $105K Atty Fees For 'FBoy' IP Defense

By Craig Clough

A New York federal judge Monday awarded HBO and others more than $105,000 in attorney fees and costs after finding the reality TV show "FBoy Island" and documentary "Fake Famous" are not substantially similar to a reality show idea shopped around by a producer.

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Feds Notch Another Plea In NBA Poker Case, More On The Way

By Stewart Bishop

Brooklyn federal prosecutors' illicit gambling case accusing NBA players and more than two dozen others of taking part in a Mafia-backed gambling ring that cheated unsuspecting poker players out of millions of dollars continued to narrow Tuesday, as a purported Gambino family associate copped a plea.

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Sony Lobs Another Copyright Suit Against AI Music Generator

By Lauren Berg

Sony Music Entertainment is pursuing a second copyright infringement action in New York federal court alleging an artificial intelligence company has copied thousands of protected sound recordings to train its AI-powered music generator, after its request to expand the original suit was denied.

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INTELLECTUAL PROPERTY

Canon Notches Another Fed. Circ. Win In Inkjet Patent Fight

By Adam Lidgett

The Federal Circuit on Tuesday declined to reboot claims in a Slingshot Printing patent covering a printhead for an inkjet printer challenged by Canon at the Patent Trial and Appeal Board, less than a week after the appeals court backed decisions invalidating claims in three similar patents.

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Novo's False Ad Suit Against Eli Lilly Ramps Up GLP-1 Rivalry

By Bonnie Eslinger

Pharmaceutical giant Novo Nordisk Inc. slapped rival Eli Lilly & Co. with a false advertising suit in New Jersey federal court Tuesday, calling a marketing campaign for the rival's weight loss drugs "deceptive" for "withholding critical scientific evidence" about newer GLP-1 formulations.

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PRIVACY & CONSUMER PROTECTION

Sen. Warner Unveils 4-Part AI Guardrail Package

By Aneeta Mathur-Ashton

Sen. Mark Warner, D-Va., proposed legislation Tuesday that would create guardrails on artificial intelligence and impose disclosure requirements on data centers' demands on power and water infrastructure and effects on the environment.

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Claims Tossed That Fund Backed Child Sexual Abuse Material

By Bonnie Eslinger

A hedge fund and its affiliates have escaped claims over financing and advice they provided Pornhub's parent company, as a California federal judge found the suit didn't show they had a direct connection to traffickers who uploaded child sexual abuse material or that they knew the platform was "rampant" with the content.

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Trump Must Produce Trust Records In BBC Defamation Suit

By David Minsky

A Florida federal judge on Tuesday ordered the Donald J. Trump Revocable Trust to produce financial records relating to $10 billion of damages allegedly caused by BBC's documentary about the Jan. 6, 2021, attack on the U.S. Capitol, saying that Trump's properties and businesses are now issues in the case.

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Nintendo Seeks Game Over For Tariff Refund Class Suit

By Jack McLoone

A proposed class action looking to force Nintendo to reimburse customers for increased costs that were explicitly tied to President Donald Trump's now struck-down tariff regime should be handled in arbitration or tossed entirely, the company told a Seattle federal court.

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COMPETITION

Defaults Didn't Deny Users Ad-Free Search, Google Says

By Bryan Koenig

Google again is pushing a California federal judge to toss consumer antitrust claims accusing it of shutting out rival search engines that offer better privacy safeguards and no ads, arguing they still haven't shown harm, and thus standing to sue, from the contracts making it the default search engine.

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Resume Builder Defends Antitrust Case Against Rival

By Matthew Perlman

Rocket Resume Inc. is defending its antitrust case in California federal court accusing Bold Ltd., the owner of Monster and CareerBuilder, of monopolizing the U.S. market for online resume-building platforms.

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EMPLOYMENT

Nike Ad Crew Member Sues Over Wages, Missed Breaks

By MJ Koo

A production assistant who worked on a Nike Inc. commercial has sued the sportswear giant, its advertising agency and a production company, alleging the companies failed to pay overtime wages, denied meal and rest breaks and delayed wage payments to film crew members, according to a complaint filed in California federal court.

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Brief

Accuser In Abuse Suit Will Arbitrate With WWE, McMahon

By David Steele

An ex-legal staffer for World Wrestling Entertainment Inc. has agreed to arbitration to resolve allegations of sexual abuse and trafficking against WWE and its founder Vince McMahon, and will soon drop her suit filed in federal court 2.5 years ago.

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TELECOMMUNICATIONS

FCC Launches 1st Foreign Drone Enforcement Action

By Christopher Cole

The Federal Communications Commission said Tuesday that it has launched the first action to revoke authorizations from a company for allegedly trying to get around a blanket ban on foreign-made drones.

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DC Circ. Sides With FCC In Spectrum Revamp Row

By Jared Foretek

The D.C. Circuit on Tuesday rejected challenges to the Federal Communications Commission's overhaul of the 4.9 gigahertz public safety band, ruling that the Spectrum Act gave AT&T partner FirstNet broad authority to build its network without confining it to just one band.

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PERSONAL INJURY & MEDICAL MALPRACTICE

Parents Sue Urban Air Over Child's Go-Kart Death At Fla. Park

By Y. Peter Kang

A 6-year-old girl who was allowed to ride in a go-kart at an Urban Air entertainment center in Florida would not have died in a crash had staff followed age and height restrictions and other safety protocols, according to a suit filed in state court.

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TAX

Arbitration Valid In Tax Privacy Suit, H&R Block Tells 9th Circ.

By Zak Kostro

A California federal judge wrongly denied H&R Block's bid to make two filers arbitrate allegations that it unlawfully shared private data with Meta and Google, the tax preparation company told the Ninth Circuit, disputing the district court's finding that an underlying arbitration agreement is too unfair.

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LEGAL INDUSTRY

Holland & Knight Hit With $1.2B Malpractice Suit

By Madison Arnold

A real estate firm is accusing Holland & Knight LLP and three attorneys of malpractice in a new complaint filed in Florida state court and is seeking up to $1.2 billion in damages after more than 30 states opened investigations into the company's practices.

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Co. Turned Away Simpson Thacher's Deal Meeting, Jury Told

By Cara Salvatore

A retired Simpson Thacher & Bartlett LLP partner who handled the fundraising round alleged to have destroyed Patriot National Inc. testified in a Florida state malpractice trial Wednesday that the insurance services company waved off his attempt to present details to the board.

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Brief

Pillsbury Data Breach Suit Voluntarily Dismissed

By Matt Perez

A proposed class action against Pillsbury Winthrop Shaw Pittman LLP over a data breach last year has been voluntarily dismissed by the named plaintiffs, following a granted motion to stay in April to discuss mediation.

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DLA Piper Says Deception, Not Bias, Cost Palestinian Atty Job

By Grace Elletson

DLA Piper urged an Illinois federal judge to toss a Palestinian attorney's suit claiming the firm revoked a job offer out of discrimination, arguing it rescinded the offer because she concealed allegations that she assaulted someone at a protest.

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DC Bar Leaders Say DOJ Ethics Suit Encourages Misconduct

By Emily Sawicki

Washington, D.C., attorney regulators continue to garner support in their effort to toss a Justice Department lawsuit over alleged "weaponizing" of executive branch lawyer discipline, with D.C. bar organizations, scores of legal scholars and more than 500 former DOJ attorneys backing the disciplinary authorities.

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Mich. Gets Judge With Blue Slips In 1st For Trump Admin

By Courtney Bublé

The U.S. Senate voted 62-36 on Wednesday to confirm Michael Martin, a longtime federal prosecutor, to the Eastern District of Michigan and Benjamin Flowers, former solicitor general of Ohio, to the Sixth Circuit.

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DOL IG Says Info-Sharing Pacts Lacked Safeguards

By Irene Spezzamonte

U.S. Department of Labor Inspector General Anthony P. D'Esposito testified Wednesday before a U.S. House subcommittee that during the Biden administration, the department shared confidential information with plaintiffs' attorneys without notifying the Wage and Hour Division or the Employee Benefits Security Administration.

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Gov't Attys May Face Broader Duty To Report Misconduct

By Alison Knezevich

Attorneys representing the government could face "more demanding" obligations to disclose misconduct by people within their client organizations than attorneys representing private entities, according to an ethics opinion issued Wednesday by the American Bar Association.

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Retired Judges Rip Bid To Ban Foreign-Born Federal Judges

By Courtney Bublé

A group of 58 retired federal judges, appointed by presidents of both parties, on Wednesday came out strongly against recent proposals from Republican lawmakers that would require federal judges to be natural-born U.S. citizens and relinquish any citizenship that is not of the United States.

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US Marshals Can't Make Immigration Arrests In DC Court

By Rae Ann Varona

A D.C. federal judge Wednesday refused to toss a lawsuit from a certified class of immigrants challenging immigration arrests by U.S. marshals in D.C. Superior Court, declaring that the marshals lack authority and necessary training for the arrests.

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Securities Class Action Deals On Target To Hit 6-Year High

By Katryna Perera

The value of class action settlements is on track to reach a six-year high of $4.4 billion, fueled in part by a handful of "mega settlements" and other high-dollar deals, a Cornerstone Research report released Wednesday said. 

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

American Bar Association

Apple Inc.

Billups

British Broadcasting Corp.

Canon Inc.

CareerBuilder Inc.

Cleveland Cavaliers

Colbeck Capital Management LLC

Costco Wholesale Corp.

Eli Lilly & Co.

FedEx Corp.

Google LLC

H&R Block Inc.

Home Box Office Inc.

JPMorgan Chase & Co.

Meta Platforms Inc.

Miami Heat

Microsoft Corp.

Minnesota Timberwolves

Mozilla Corp.

Nike Inc.

Nintendo Co. Ltd.

Novo Nordisk A S

Patriot National Inc.

Paypal Holdings Inc.

Portland Trail Blazers

Samsung Electronics Co. Ltd.

Sony Music Entertainment Inc.

Spectrum Management Holding Co.

T-Mobile US Inc.

Temu

The District of Columbia Bar

The New York Times Co.

TikTok Inc.

Uber Technologies Inc.

Universal Music Group NV

Verizon Communications Inc.

Visa Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Warner Music Group Corp.

World Wrestling Entertainment Inc.

Yelp Inc.

LAW FIRMS IN TODAY'S NEWS

AXS Law Group

Ad Astra Law Group

Akin Gump

Alioto Law Firm

Arnold & Porter

Ashbrook Byrne

Ballard Spahr

Berkowitz Oliver

Brito PLLC

Burns Charest

Cade Law Group

Carella Byrne

Conrad & Scherer

Cooley LLP

Crivello Nichols

DLA Piper

Debevoise & Plimpton

Deutsch Hunt

Dykema

Emery Reddy

Feldman Shepherd

Fitch Even

Hamilton Clarke LLP

Harris & Ruble

Haun Mena

Holland & Knight

Hueston Hennigan

Hurwitz Sagarin

Jenner & Block

Jones Day

Law Offices of Lawrence G. Papale

Mayer Brown

McCarter & English

Meritz Reddy

Milberg PLLC

Mintz Levin

MoloLamken

Morgan & Morgan PA

Morgan Lewis

Nedeau Law Firm

Nelson Mullins

Olson Stein

Paul Weiss

Pillsbury Winthrop

Proskauer Rose

Quinn Emanuel

Scarola Zubatov

Seyfarth Shaw

Shapiro Arato

Shook Hardy

Simpson Thacher & Bartlett

Skadden Arps

Stearns Weaver

Stoel Rives

Veen Firm

Weil Gotshal

White & Case

Williams & Connolly

Wilson Sonsini

Zimmerman Reed

GOVERNMENT AGENCIES IN TODAY'S NEWS

Employee Benefits Security Administration

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

National Institute of Standards and Technology

National Telecommunications and Information Administration

Patent Trial and Appeal Board

San Francisco Bay Area Rapid Transit District (BART)

U.S. Attorney's Office

U.S. Attorney's Office for the Eastern District of Michigan

U.S. Attorney's Office for the Eastern District of New York

U.S. Attorney's Office for the Southern District of Florida

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Customs and Border Protection

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Senate

U.S. Supreme Court

Wage and Hour Division