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Media & Entertainment
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August 14, 2024
Streaming Cos. Ask FCC To Gauge Fixed Broadband Market
Video streamers and other edge providers hope to make one thing clear as the Federal Communications Commission dissects competition in the high-speed internet space — the fixed broadband service market is still dominated by a few heavyweights and more should be done to assess how the addition of new competitors affects individual markets.
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August 14, 2024
4th Circ. Says T-Mobile Must Face 'Simply Prepaid' TM Fight
The Fourth Circuit revived a Virginia-based telecommunications company's infringement suit against T-Mobile, ruling that Simply Wireless had done enough to show it was planning to revamp its "Simply Prepaid" branding and hadn't abandoned the trademark when T-Mobile began using it.
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August 14, 2024
Insurer Wants Out From Defense Of Philly Sports Radio Host
State Farm asked a New Jersey federal court Wednesday to find it doesn't have to cover or defend Philadelphia sports talk radio host Anthony Gargano in litigation stemming from a 2022 motor vehicle accident, arguing the car he was driving is not covered by his insurance policy.
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August 14, 2024
Rapper Gets Probation In Stolen Payment Card Scheme
A Chicago-area rap artist was sentenced to probation for his role in a nationwide wire fraud conspiracy that used payment card information stolen from the dark web to make purchases, including private jet flights and hotel stays.
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August 14, 2024
NY Judge Rejects Trump's 'Stale' Recusal Bid A 3rd Time
The New York judge who presided over Donald Trump's hush money trial denied the former president's third attempt to remove him from the case ahead of sentencing, ruling that the motion was "nothing more than an attempt to air grievances."
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August 13, 2024
Beef With OpenAI's CEO Irrelevant To TM Suit, Judge Says
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
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August 13, 2024
Musk Can't Ax Fraud Suit Over Twitter Buy, Investors Say
A pension fund has fired back at Elon Musk's bid to dismiss the rest of its amended proposed securities fraud class action in New York federal court that alleges the X Corp. CEO covertly bought more than 5% of Twitter's stocks to save more than $143 million before announcing his intent to buy the social media platform.
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August 13, 2024
Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever
A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.
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August 13, 2024
Lin Wood Says Social Posts Were Defense, Not Offense
Controversial ex-attorney Lin Wood took the stand Tuesday in a defamation case brought against him by three of his former law partners over social media posts in which Wood claimed they tried to criminally extort him after his firm's dissolution, telling jurors he only took to social media to defend himself.
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August 13, 2024
Girardi's Ex-Accountant Testifies He Wasn't Always 'All There'
A former in-house accountant for Tom Girardi's law firm broke down in tears on the witness stand under cross-examination in Girardi's California federal criminal trial Tuesday, first saying he always seemed "lucid" before describing him in the month before Girardi Keese filed for bankruptcy as slipping mentally.
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August 13, 2024
Miss. Stations Could Lose FCC Licenses For Unpaid Fees
The Federal Communications Commission on Tuesday warned the licensee of two radio stations in Mississippi that they could lose their licenses if thousands of dollars in regulatory fees stretching back more than a decade remain unpaid.
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August 13, 2024
Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining
Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.
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August 13, 2024
2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit
A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.
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August 13, 2024
Judge Keeps Alive Suit Over Missed $1M Bill For Boxing Event
A Florida federal judge on Tuesday denied video-sharing app company Triller's attempt to toss a suit from a boxing marketing firm alleging that it breached a contract related to a pair of California fights and failed to schedule upcoming bouts, while also giving the plaintiff five business days to file an amended complaint providing a basis for federal diversity jurisdiction.
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August 13, 2024
Wash. Social Media Ban Violates Workers' Free Speech
The Washington State Court of Appeals has said a state law barring injured workers from posting videos of their state workers' compensation medical exams on social media is an unconstitutional violation of free speech rights.
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August 13, 2024
Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told
Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.
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August 13, 2024
Telecoms Fret Over FCC's Pole Attachment Deadlines
Negotiating big pole attachment orders can take longer than the Federal Communications Commission might sometimes like, a telecom industry trade group says, warning the agency that a regulation requiring the first of 3,000 such attachments to be ready in 45 days isn't realistic.
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August 13, 2024
Las Vegas Jury Deals Out A Verdict Of No Infringement
A lawsuit surrounding a "rotatable shuffler" that has been going on in Nevada federal court for the better part of a decade has finally ended, with a Las Vegas jury finding that the maker of a roulette-style gambling machine did not infringe a patent covering a different kind of card shuffling machine.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 13, 2024
Trump Remarks During Talk With Musk Were Illegal, UAW Says
Statements former President Donald Trump made during a conversation Monday night with Tesla CEO Elon Musk about workers who go on strike violated federal labor law, according to charges the United Auto Workers filed Tuesday, which also accused Trump of unlawfully suggesting he would fire employees for striking.
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August 13, 2024
Ski Resort, Insurer End COVID Closure Suit Days Before Trial
Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.
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August 12, 2024
AI Art Cos. Can't Yet Ditch Artists' Copyright Claims
A California federal judge on Monday refused to throw out artists' copyright infringement claims against four companies that make or distribute software that creates images with text prompts, but he did toss several other claims in their proposed class action, including unjust enrichment and breach of contract.
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August 12, 2024
Trump Owes $3M For Using Isaac Hayes Song, Family Says
Late soul legend Isaac Hayes' family demanded former President Donald Trump pay a "discounted" $3 million license fee for playing the singer and songwriter's tune "Hold On, I'm Coming" at campaign rallies without permission, saying they stood ready to sue and seek a much steeper infringement fee if Trump refuses.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
Expert Analysis
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Discord Stock Case Toss Means Little For Fraud Defendants
A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Cos. Should Prepare For Foreign Data Transfer Regulations
A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.