The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.
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5th Circ. Diverts From 9th Circ.'s Copyright Server Test

By Hailey Konnath

The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

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Meta Staves Off 3D Artist's AI Training Suit, For Now

By Elliot Weld

A California federal judge has dismissed a Los Angeles-based 3D artist's proposed class action alleging Meta Platforms Inc. removed copyright management information from art that was used to train artificial intelligence, but gave the artist a chance to cure the suit's issues.

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News Outlets Say Trump Media's Suit Targets True Reports

By Carolina Bolado

News outlets sued by President Donald Trump's social media company asked a Florida judge Thursday to end the $1.5 billion suit, arguing that the allegedly defamatory reports were substantially true and were published without actual malice.

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Selena Gomez Says Wondermind Investor Suit Must Be Nixed

By Katryna Perera

Pop star Selena Gomez has urged a Delaware federal judge to toss securities fraud claims against her tied to the mental health startup Wondermind, saying she wasn't involved in the offering and suggesting that the plaintiffs may deserve sanctions for bringing "egregiously improper" claims against her.

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PRIVACY & CONSUMER PROTECTION

Google Beats Cert. Bid Over User Tracking In Safari Browser

By Rae Ann Varona

A Delaware federal court denied class certification Thursday in a long-running litigation over allegations that Google bypassed privacy settings on Apple's Safari browser to track users without consent, saying the plaintiffs failed to show that the encryption keys Google destroyed would have provided a reliable way of identifying class members.

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Data Brokers Can't Pause Judicial Privacy Law Fight

By Carla Baranauckas

A federal judge has denied a bid to pause dozens of lawsuits brought under the state's judicial privacy law, rejecting data brokers' request to stay the litigation while the Third Circuit weighs the statute's constitutionality.

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Google Users' Atty Fee To Be In 'Realm' Of $147M, Judge Says

By Bonnie Eslinger

A California federal judge indicated Thursday that he won't give the full $147 million in fees sought by lawyers who won a $425 million class action verdict against Google for unlawfully collecting user information, but he said their "really excellent lawyering" deserves an amount "within that realm."

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AG Says Florida Won't Take Part In Meta's 'Weak' $17B Deal

By Jonathan Capriel

Florida will take no part in Meta's $17 billion social media addiction settlement, according to state Attorney General James Uthmeier, who has slammed the sum as "weak" and said the Sunshine State will not be bought off for "pennies on the dollar."

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XAI Trained Grok On Child Sex Abuse Images, Survivor Says

By Lauren Berg

Not only does Elon Musk's xAI knowingly allow Grok to create nonconsensual sexual images, including child sexual abuse material, it actually recycles those outputs to train the artificial intelligence chatbot and generate more abusive images, according to a new proposed class action filed in California federal court.

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COMPETITION

Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

By Lauren Berg

Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

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DOJ Can't Get Rethink On Apple Peek Into Fed Phone-Buying

By Bryan Koenig

A special master has refused to reconsider his New Jersey federal court mandate giving Apple a look into how the Pentagon, CIA, State Department and other agencies purchase smartphones, criticizing the Justice Department for trying to "split hairs" in contending the agencies aren't "party" to the monopolization lawsuit.

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Chamber Says FTC's Meta Appeal Trying To 'Rewrite' Law

By Bryan Koenig

The U.S. Chamber of Commerce and other amicus filers urged the D.C. Circuit not to revive the Federal Trade Commission monopolization lawsuit targeting Meta's purchases of WhatsApp and Instagram, taking issue Thursday with how the FTC characterizes social media competition, consumer behavior and the law allowing it to sue.

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SECURITIES & WHITE COLLAR

Full Play Owners To Pay $50M To Exit FIFA Bribery Dragnet

By Stewart Bishop

The father and son owners of Argentine sports marketing agency Full Play Group SA have agreed to pay $50 million as part of a deferred prosecution deal that resolves criminal charges brought by Brooklyn federal prosecutors for paying tens of millions of dollars in bribes to Latin American soccer officials.

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UEFA Eyes Criminal Case Over Abandoned World Cup Sale

By Alex Lawson

European soccer's governing body is asking a Florida federal court for access to documents that may build its criminal case against FIFA's now-abandoned plans to sell off the commercial rights to the World Cup tournament.

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TELECOMMUNICATIONS

FCC Ends Caption Reg On Public Channel Video Programmers

By Christopher Cole

The Federal Communications Commission has scrapped a requirement that video programmers show they comply with closed captioning rules if they only provide content to local public, educational and governmental channels that are exempt from captioning mandates.

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SpaceX Seeks Green Light On Gen3 System

By Nadia Dreid

Since the FCC is already in the middle of overhauling its satellite licensing framework to presume applications are in the public interest if they follow certain rules, SpaceX wants the agency to apply that presumption to the 100,000-satellite constellation it has proposed.

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FCC Urged To Hold Off On New Subsea Cable Security Regs

By Elaine Briseño

A trade association for submarine cable owners and other groups urged the Federal Communications Commission to hold off on adopting more regulations for undersea communication cable equipment until more information is available.

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Charter Schools Blast Proposal To Limit E-Rate To Rural Areas

By Christopher Cole

Public charter schools told the Federal Communications Commission that the agency cannot pare back the E-Rate subsidy program to just rural areas because Congress meant the program to serve all low-income areas, including urban neighborhoods.

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EXPERT ANALYSIS

Series

Taekwondo Makes Me A Better Lawyer

Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

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LEGAL INDUSTRY

Exclusive

Inside The $150M Immigration Contract That Wasn't

By Daniel Connolly

The leader of a small Houston-based law firm says she was "blindsided" by an announcement from the federal government that her 24-attorney shop had won a $150 million no-bid contract to represent thousands of immigrant children in deportation proceedings.

Letter attached | Read full article » | Save to favorites »

ABA Faces Uphill Battle To Remain As Law School Accreditor

By Emma Cueto

The American Bar Association council responsible for accrediting law schools is fighting on multiple fronts to retain its status as a nationwide accreditor, fending off challenges at both the federal and state levels.

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Dems Say DOJ Opinion Aims To Foil Oversight Of White House

By Courtney Bublé

With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

Letter attached | Read full article » | Save to favorites »

Womble Bond Asks To Drop Dutch Software Client Over Rift

By Hayley Fowler

Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

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COMPANIES IN TODAY'S NEWS

AMG Cos.

Accretive Capital LLC

Aires

Amazon.com Inc.

American Bar Association

Apple Inc.

Axios Media Inc.

Burke Inc.

CBC Cos. Inc.

California Western School of Law

Creative Commons

Deluxe Corp.

Federation Internationale de Football Association

Forbes Media LLC

Google LLC

Information Technology Industry Council

Instagram Inc.

Los Angeles Lakers

Meta Platforms Inc.

Microsoft Corp.

NVIDIA Corp.

National Center for Missing & Exploited Children

New York Daily News Co.

NewsBreak

Newsweek/Daily Beast Co. LLC

OpenAI OpCo LLC

Roblox Corp.

Space Exploration Technologies Corp.

State Bar of California

Texas Children's Hospital

The Associated Press

TikTok Inc.

Twitter Inc.

U.S. Chamber of Commerce

U.S. Committee for Refugees and Immigrants

Washington Legal Foundation

X Corp.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Baker McKenzie

Ballard Spahr

Barrett Law Group

Bartimus Frickleton

Berger Singerman

Blank Rome

Boies Schiller

Brito PLLC

Brunini Grantham

Cameron Stracher PLLC

Cooley LLP

Cuneo Gilbert

David Boies

Davis Wright Tremaine

Dechert LLP

Ellis & Winters

Eversheds Sutherland

Gibson Dunn

Girard Sharp

Goldenberg Heller

Greenberg Traurig

Gunster Yoakley

Haun Mena

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Latham & Watkins

Margulis Gelfand

Mayer Brown

McCarter & English

Milberg PLLC

Morgan & Morgan PA

Morrison & Foerster

Porzio Bromberg

Potter Anderson

Sheppard Mullin

Shullman Fugate

Shutts & Bowen

Strange LLP

Susman Godfrey

Taft Stettinius

Troutman

Walsh Pizzi

Wilson Carroll PLLC

Wise Carter

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

National Aeronautics and Space Administration

National Security Agency

New Jersey Supreme Court

Texas Supreme Court

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

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

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

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

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

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

U.S. Environmental Protection Agency

U.S. General Services Administration

U.S. Government Accountability Office

U.S. Securities and Exchange Commission

U.S. Supreme Court