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

McDermott Closing Health Policy Shop In DC

By Alison Knezevich

McDermott Will & Schulte is closing its healthcare lobbying and consulting shop after a dozen years in business.

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Feature

Rachael Rollins Pitches Scandal As Asset In Comeback Bid

By Taylor Bowie

Rachael Rollins rode a progressive wave to become Suffolk County's district attorney in 2019. After a scandal derailed her stint as Massachusetts U.S. attorney, she's trying to win her old DA post back, and leaning into her alleged ethical missteps as a resume boost.

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Calif. County Judges Recuse From Bias Suit Against DA's Office

By Patrick Hoff

The entire bench of a county court recused itself from a lawsuit alleging the San Francisco District Attorney's Office didn't take appropriate action when a Black employee reported a colleague's use of a racial slur, pushing the trial in the decade-old case to early October.

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'Exemplary Performance' Earns Google Users' Attys $146.8M

By Bonnie Eslinger

A California federal judge Friday awarded plaintiffs' attorneys $146.8 million in fees after they secured a $425 million jury verdict against Google LLC in a privacy class action covering about 98 million people, calling the one-third fee award "extraordinary" but justified given their "exemplary performance."

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House Eyes Vote To Lock Supreme Court At 9 Justices

By Courtney Bublé

The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

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Trump Denied New Bid To Federalize Hush Money Prosecution

By Pete Brush

A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Megan Norcott

The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

KKR will pay a $250 million civil penalty to end allegations that it hid key documentation and entire transactions for merger notification. In the meantime, Apple told an Illinois federal judge that a recent Seventh Circuit decision affirming Samsung's win in a biometric privacy suit means the tech giant should prevail over similar claims. These are among the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

WilmerHale leads this week's edition of Law360 Legal Lions, after a California federal judge held that the U.S. Department of Defense's designation of Anthropic PBC as a supply chain risk to national security was retaliation for the company's public criticism of the Trump administration.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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COMPANIES IN TODAY'S NEWS

A.P. Moller-Maersk

AMG Cos.

Accretive Capital LLC

Aires

Allianz Global Corporate & Specialty SE

Amazon.com Inc.

American Academy of Ophthalmology

Anthropic PBC

Apple Inc.

Arab Bank PLC

Ascension Health Inc.

Axios Media Inc.

Balfour Beatty PLC

BarkerGilmore LLC

BitGo Inc.

CBC Cos. Inc.

Celltrion Inc.

City Attorney of San Francisco

Creative Commons

Crocs Inc.

Deluxe Corp.

FTI Consulting Inc.

Federation Employment & Guidance Service Inc.

Federation Internationale de Football Association

First Eagle Investments

Forbes Media LLC

Freddie Mac

Gartner Inc.

Genstar Capital LLC

Google LLC

Information Technology Industry Council

Instagram Inc.

KKR & Co. Inc.

LinkedIn Corp.

Los Angeles Lakers

MS Amlin PLC

Merck & Co. Inc.

Meta Platforms Inc.

Microsoft Corp.

NVIDIA Corp.

National Bank of Kuwait SAKP

National Center for Missing & Exploited Children

Network Rail Ltd.

New York Daily News Co.

NewsBreak

Newsweek/Daily Beast Co. LLC

Norfolk Southern Corp.

Ohio Public Employees Retirement System

OpenAI OpCo LLC

Raine

Roblox Corp.

Samsung Electronics Co. Ltd.

Solicitors Disciplinary Tribunal

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

StoneTurn Group LLP

Takeda Pharmaceutical Co. Ltd.

The Associated Press

TikTok Inc.

Twitter Inc.

U.S. Chamber of Commerce

UMB Financial Corp.

Washington Legal Foundation

World Wrestling Entertainment Inc.

X Corp.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Addleshaw Goddard

Ashurst Perkins

Baker McKenzie

Ballard Spahr

Barrett Law Group

Bartimus Frickleton

Berger Singerman

Bingham McCutchen

Bishop & Sewell

Boies Schiller

Brito PLLC

Browne Jacobson LLP

Brunini Grantham

Cameron Stracher PLLC

Capital Law Ltd.

Clifford Chance

Cooley LLP

Cramer & Anderson

Cuneo Gilbert

DAC Beachcroft

DLA Piper

DWF LLP

David Boies

David Ebert LLP

Davis Polk

Davis Wright Tremaine

Dechert LLP

Farrer & Co.

Folger Levin

Gibson Dunn

Girard Sharp

Goldenberg Heller

Greenberg Traurig

Gunster Yoakley

Haun Mena

Hill Dickinson

Hodge Jones

Hogan Lovells

Howes Percival

Husch Blackwell

Ice Miller

Kellogg Hansen

Kennedys Law LLP

Kirkland & Ellis

Klarquist Sparkman

Latham & Watkins

Law Office of Daniel Ray Bacon

Margulis Gelfand

Markovits Stock

Mathys & Squire

Mayer Brown

McCarter & English

McDermott Will & Schulte

Milberg PLLC

Miller Thomson

Mintz Levin

Mishcon de Reya

Morgan & Morgan PA

Morgan Lewis

Morrison & Foerster

Munger Tolles

Osborne Clarke

Pallas Partners

Pinsent Masons

Porzio Bromberg

Potter Anderson

Reed Smith

Ropes & Gray

Sackers & Partners LLP

Seddons Law LLP

Sheppard Mullin

Shullman Fugate

Shutts & Bowen

Spratt Endicott

Strange LLP

Strauss Troy

Sullivan & Cromwell

Susman Godfrey

Taft Stettinius

Troutman

Trowers & Hamlins

Walsh Pizzi

Ward Hadaway

Willkie Farr

WilmerHale

Wilson Carroll PLLC

Wise Carter

gunnercooke LLP

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Central Intelligence Agency

Companies House

Crown Prosecution Service

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Manhattan District Attorney's Office

Michigan Supreme Court

National Aeronautics and Space Administration

National Labor Relations Board

National Security Agency

New Jersey Supreme Court

New York County District Attorney's Office

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 Defense

U.S. Department of Homeland Security

U.S. Department of Justice

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. District Court for the Southern District of New York

U.S. General Services Administration

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court