Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.
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TOP NEWS

WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

By Rae Ann Varona

Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

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Calif. Urges Justices To Let Paramount Merger Case Play Out

By Matthew Perlman

California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery have urged the U.S. Supreme Court not to expedite Iowa and Montana's case seeking to block the merger challenge.

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Ex-Facebook Exec Must Arbitrate Memoir Publicity Fight

By Dorothy Atkins

A California federal judge ruled Friday that a former Facebook executive waited too long to challenge in court an interim arbitral award that bars her from promoting her "Careless People" whistleblower memoir, finding that she waived her court challenge by "thoroughly" participating in arbitration for over a year before suing.

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Viewers Say ABC Self-Censorship Gives Them FCC Case

By Jared Foretek

Media advocates and TV viewers seeking to join ABC's lawsuit against the Federal Communications Commission on Monday told a Washington, D.C., federal judge the network was wrong to argue they have no legally protected interest in the case, claiming they've been harmed by lost programming and altered guest bookings.

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LIV Golf Hits Ch. 11 After Losing Saudi Backing

By Alex Wittenberg

LIV Golf filed for Chapter 11 protection in New Jersey bankruptcy court Tuesday with more than $500 million in debt after losing the financial backing of Saudi Arabia's Public Investment Fund, saying it plans to hand control of the company to its players.

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Seattle Times, Newsday Sue OpenAI Over Content Use

By Elliot Weld

The Seattle Times and Long Island-based newspaper Newsday sued OpenAI and Microsoft with claims of copyright infringement, adding to the long list of news organizations claiming their articles were used improperly to train large language models.

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Meta Accused Of Using Photos To Train AI Without Consent

By Adam Lidgett

Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

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INTELLECTUAL PROPERTY

Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

By Ivan Moreno

A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

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NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

By Alex Lawson

The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

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Buc-ee's Says Its TM Suits Aren't A 'Bullying' Campaign

By Ivan Moreno

Travel center chain Buc-ee's is pushing back on allegations of trademark bullying from Teddy's Market in a Georgia federal lawsuit that Buc-ee's filed against the convenience store rival, asking a judge to throw out six counterclaims challenging its trademark enforcement and registrations.

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PRIVACY & CONSUMER PROTECTION

Kik App Is 'A Parent's Worst Nightmare,' Conn. AG Says

By Brian Steele

The mobile messaging app Kik is "a cesspool of sexual abuse, exploitation and bullying" and "a parent's worst nightmare," Connecticut Attorney General William Tong said Tuesday in announcing his office would investigate allegations that inadequate privacy and content moderation measures endanger children.

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XAI Hit With Ill. Biometric Privacy Suit Over Grok Photos

By Celeste Bott

Elon Musk's xAI collects users' facial geometry when they upload photos to Grok for AI-powered image editing without obtaining the informed consent required under Illinois' biometric privacy law, according to a proposed class action filed in Cook County court Friday.

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COMPETITION

Motorola Tells DC Circ. That Google Search Payments 'Vital'

By Bryan Koenig

Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

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EMPLOYMENT

Parler Legal Dustup Revealed Rifts, Jury Hears From Ex-CEO

By Cara Salvatore

Parler's ousted CEO testified Tuesday in his trial against former partner Rebekah Mercer that in 2020, her lawyers' pushback on restructuring provisions recommended by Parler's lawyers was an early clue that "something didn't seem right."

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Fla. College Asks To Pause Suit Over Charlie Kirk Posts

By David Minsky

A college has asked a Florida federal court to pause a former worker's suit over getting fired for posting about the assassination of conservative activist Charlie Kirk on social media, saying the case should be halted while a human resources employee appeals her denial of qualified immunity. 

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TELECOMMUNICATIONS

FCC Could Revamp Enviro Regs Over Broadband Deployment

By Christopher Cole

The Federal Communications Commission will consider slashing the number of permit reviews required for thousands of broadband deployment projects under the National Environmental Policy Act.

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Qwest Seeks To End Legacy Copper Service In NM Area

By Nadia Dreid

AT&T may be the biggest name trying to roll back its usage of legacy copper wires and the services that run on them, but it is far from the only one — CenturyLink has just asked the FCC for the green light to cut such services in part of New Mexico.

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Comcast, APCo At Odds Again Over Pole Replacement Rates

By Christopher Cole

Comcast has doubled down on its call for the Federal Communications Commission to direct Appalachian Power Co. to assume more of the cost for replacing damaged utility poles to allow for broadband gear attachments.

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BANKRUPTCY

Brief

777 Partners Gets OK To Ditch 6 Leases In Ch. 11 Case

By Alex Wittenberg

Investment firm 777 Partners secured a Texas bankruptcy judge's approval Tuesday to reject six leases for offices the debtor occupied before seeking Chapter 11 protection in August.

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EXPERT ANALYSIS

How Rogue AI May Shape Corporate Liability, Responsibility

Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

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LEGAL INDUSTRY

ABA Law School Accrediting Arm Repeals Diversity Standard

By Emma Cueto and Andrea Keckley

The American Bar Association council responsible for law school accreditation voted Tuesday to eliminate its diversity and inclusion standard, the final step in a process that the council hopes will ensure it remains an accreditor recognized by the U.S. Department of Education.

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Ex-DLA Piper Partner Must Face Claim He Raped Associate

By Lynn LaRowe

A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

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5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

By Mike Curley

A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

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AG Blanche To Speak At GOP Midterm Convention

By Courtney Bublé

Attorney General Todd Blanche will speak at the Republican midterm convention this week in his "personal capacity."

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COMPANIES IN TODAY'S NEWS

777 Partners LLC

AT&T Inc.

AlixPartners LLP

American Bar Association

American Civil Liberties Union

Anthropic PBC

Appalachian Power

Apple Inc.

BC Partners

Buc-ee's Ltd.

Comcast Corp.

Defenders of Wildlife

DuckDuckGo Inc.

Fox Corp.

Google LLC

Hayward Holdings Inc.

Home Box Office Inc.

Instagram Inc.

Ipsos

JPMorgan Chase & Co.

Lumen Technologies Inc.

Luna Innovations Incorporated

Macmillan Publishers Ltd.

Meta Platforms Inc.

Microsoft Corp.

Morgan Stanley

Motorola Mobility LLC

National Collegiate Athletic Association

Natural Resources Defense Council

OpenAI OpCo LLC

PGA TOUR Inc.

Paramount Pictures Corp.

Pew Research Center

Public Citizen Inc.

Roblox Corp.

Roku Inc.

Samsung Electronics Co. Ltd.

Skydance Media LLC

Southeastern University

TJC LP

The Associated Press

The New York Times Co.

The Seattle Times

The Walt Disney Co.

TikTok Inc.

University of Southern California

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Workday Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Anderson Kill

Bell & Davis

Bell Davis & Pitt

Cheshire Parker

Clement & Murphy

Cole Schotz

DLA Piper

Flanagan Partners

FordHarrison

Gibson Dunn

Graves Garrett

Gray Reed

Greenberg Traurig

Gustafson Gluek

Hueston Hennigan

Keller Postman

Kent & Risley

Klaris Law

Kwall Barack

Latham & Watkins

Lawfair LLC

Libby Hoopes

Long Law Firm LLP

Marquis Aurbach

McGuire Law PC

Miller Law Group PLLC

Munger Tolles

O'Melveny & Myers

Pisanelli Bice

Pollard PLLC

Ropes & Gray

Selendy Gay

Seyfarth Shaw

Shah Litigation

Shea Larsen

Smithwick & Belendiuk

Stephan Zouras

Stockwell Sievert

Stone Pigman

Taus Cebulash

Taylor Porter

Wexler Boley

Wilkinson Stekloff

Williams & Connolly

Wilson Sonsini

GOVERNMENT AGENCIES IN TODAY'S NEWS

Connecticut Attorney General's Office

Cook County Circuit Court

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Superior Court of Massachusetts

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

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

U.S. Court of Appeals for the Fifth Circuit

U.S. Department of Education

U.S. Department of Justice

U.S. District Court for the District of Columbia

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 Middle District of Florida

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

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

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

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

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

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court