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Media & Entertainment
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August 26, 2024
Disney Seeks 9th Circ. Appeal In 'Star Wars' Actor's Firing Suit
Disney and Lucasfilm want the Ninth Circuit to weigh whether the First Amendment protects an artistic organization's right to control casting decisions, urging a California federal court to let it immediately appeal an order that allowed a former Star Wars actor's political bias lawsuit to move forward.
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August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
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August 26, 2024
Globetrotters Parent Co. Shouldn't Duck Bias Suit, Judge Says
The Harlem Globetrotters' parent company and its media arm shouldn't be able to escape a player's suit alleging she was cut from the team after rejecting its general manager's romantic advances, a Georgia federal judge said, rejecting the entities' arguments that they weren't properly notified about the allegations.
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August 23, 2024
Maxell Urges Trade Commission To Bar TCL Smart TV Imports
Maxell Ltd. urged the U.S. International Trade Commission to permanently bar TCL from importing certain smart televisions that Maxell claims infringe several of its patents, saying TCL continues to import allegedly infringing televisions despite being long aware of Maxell's patent portfolio.
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August 23, 2024
Girardi Says High Court Holding Should Gut His Fraud Case
Tom Girardi has urged a California federal judge to toss the majority of the wire fraud charges he is facing ahead of closing arguments in his trial, saying a 1960 U.S. Supreme Court case demonstrates he was charged for nothing more than receiving legally required wire transfers.
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August 23, 2024
Matthew Perry Death Suit Could Blow Past Calif. Damage Cap
The federal indictment recently unsealed accusing two doctors and others of peddling the ketamine that caused Matthew Perry's death will serve as prime fodder for any wrongful death suit by the actor's estate, experts say, and California's medical malpractice damages cap may not even be a factor.
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August 23, 2024
NBA Shreds Warner Bros.' Suit Over Amazon Streaming Deal
The NBA looked to quickly snuff out a lawsuit from Warner Bros. Discovery over the league's broadcasting deal with Amazon on Friday, telling a New York state judge that the media conglomerate failed to match the streamer's offer and didn't even have the right to do so.
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August 23, 2024
FTC Notches Win In Amazon Prime Document Battle
A Washington federal judge said Thursday that Amazon can't force the Federal Trade Commission to hand over internal documents in a case alleging customers were duped into signing up for Prime services, saying the materials were not relevant to the company's defenses.
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August 23, 2024
Anthropic Says Music Cos. Haven't Met Burden For Injunction
Artificial intelligence company Anthropic has blasted a preliminary injunction request from several music publishers suing for alleged infringement of copyrighted lyrics to train Anthropic's chatbot Claude, telling a California federal court the publishers have not shown they would suffer irreparable harm before trial.
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August 23, 2024
Slot Machine Apps Violate Kentucky Betting Laws, Suit Says
A Kentucky man is taking aim at producers of online game apps, arguing in his federal lawsuit that these "social casinos" are causing the same problems as real-life gambling and constitute illegal wagering.
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August 23, 2024
Young Thug Atty Says Contempt Charge Must Be Overturned
An attorney representing Atlanta rapper Young Thug urged the Georgia Supreme Court on Thursday to reverse the 20-day jail sentence and contempt of court conviction he received after refusing to divulge how he learned about a closed-door meeting between prosecutors, a witness and the original judge presiding over the rapper's racketeering trial.
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August 23, 2024
NC Not Shielded From Racetrack's COVID Shutdown Suit
The North Carolina Supreme Court on Friday ruled a racetrack owner's lawsuit accusing state officials of violating his constitutional rights with a COVID shutdown order can survive dismissal, reasoning the claims were sufficient to overcome the government's protections from being sued.
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August 23, 2024
Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win
The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.
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August 23, 2024
Fed. Circ. Nixes $3.9M Dish Fee In Albright-Authored Decision
The Federal Circuit has ruled that Dish Network should not have been awarded a $3.9 million fee for its successful patent suit defense against Realtime Adaptive Streaming, finding in a decision written by Texas federal judge Alan Albright that a lower court judge abused his discretion when he found the case "exceptional" based on six "red flags."
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August 23, 2024
Alvarez & Marsal Adds Transfer Pricing Expert From EY
A former EY partner joined Alvarez & Marsal LLC to serve as managing director of its transfer pricing line of services in its New York office, the firm announced.
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August 23, 2024
LeBron's Tattoo Artist Can't Get New Trial In NBA 2K Case
An Ohio federal judge declined to order a new trial after a jury rejected claims that 2K Games Inc. and Take-Two Interactive Software Inc.'s rendering of LeBron James in their NBA 2K video game series infringed a tattoo artist's copyrights.
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August 23, 2024
Google Args Don't Erase 'History Is On, Jesus,' DOJ Says
Google employees were so conscious of hiding evidence of conduct "that leads to law suits" that they reacted quickly when forgetting to let internal chats delete automatically, the Justice Department said, pushing to punish the search giant for those policies in the looming advertising technology monopolization trial.
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August 23, 2024
Sale Sought For Assets Of Alex Jones' Co.
The court-appointed trustee in Alex Jones' bankruptcy case has asked a Texas judge to authorize the liquidation and wind-down of Free Speech Systems LLC, arguing that Jones' estate wholly owns the company and that it has valuable assets to monetize.
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August 23, 2024
Ex-Womble Bond IP Partners Join New Model Firm In NY
Two former Womble Bond Dickinson intellectual property partners have moved to new model law firm Potomac Law Group's intellectual property practice, according to the firm's announcement.
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August 23, 2024
Punchbowl News Gets Win In TM Spat With Punchbowl Inc.
A California federal judge has ruled there is no likelihood of confusion between a publication called Punchbowl News and a greeting card and event planning company named Punchbowl Inc., justifying the dismissal of the latter's trademark infringement claims, according to a summary judgment order.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
Wachtell Reps As MLB's Braves Announce Executive Shakeup
The parent company of the Atlanta Braves on Friday announced that Chairman and CEO Terry McGuirk will have increased voting power, representing a major shift in control after Liberty Media Corp. split off from the MLB team and its associated real estate development company in November 2022 to become a separate publicly traded entity.
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August 22, 2024
Authors Can't Use Discord Chats In Meta AI Copyright Suit
A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.
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August 22, 2024
Smartmatic, Newsmax Defamation Suit Heads To Del. Trial
A Delaware Superior Court judge on Thursday teed up a four-week trial starting Sept. 30 on voting machine provider Smartmatic USA Corp. claims that it was defamed by unsubstantiated Newsmax Media Inc. reports tying the voting tech company to alleged conspiracies to steal the 2020 presidential election.
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August 22, 2024
Larry Flynt's Widow Asks 9th Circ. To End Calif. Cardroom Law
The widow of late pornography mogul Larry Flynt and two other cardroom operators urged the Ninth Circuit on Thursday to invalidate California statutes barring certain out-of-state casino investors from holding a state cardroom license, arguing the law interferes with interstate commerce and that's "a straight-up violation of the Constitution."
Expert Analysis
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Bank Secrecy Act Lessons For Casinos After DOJ Settlements
The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Latest Antitrust Areas For In-House Counsel To Watch
The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.