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Media & Entertainment
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September 03, 2024
Justices Urged To Revive Movie Site TM Suit Against BofA
The Tenth Circuit employed "an analysis devoid of context whose conclusions contradicted themselves" when it found Bank of America Corp. had not infringed a movie website owner's trademark with its virtual assistant "Erica," the site owner has told the U.S. Supreme Court.
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September 03, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.
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September 03, 2024
NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal
The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.
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September 03, 2024
Atty's Use Of AI Didn't Taint Rapper's Trial, Judge Says
A D.C. federal judge has rejected a host of arguments by Fugees rapper Prakazrel "Pras" Michel seeking a new trial on charges of assisting a Malaysian billionaire in illegally diverting funds, including claims that he was prejudiced by his former attorney's use of generative artificial intelligence to craft his closing argument.
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September 03, 2024
$2.2M Bowling Co. Investor Settlement Gets Initial Green Light
A Maryland federal judge has preliminarily approved a nearly $2.2 million settlement ending a class action that alleged Bowl America's board of directors acted in bad faith when approving a merger with Bowlero Corp.
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September 03, 2024
Trump Loses Renewed Bid To Take Hush Money Case Federal
A New York federal court on Tuesday denied former President Donald Trump's bid to move the state's hush money case against him to federal court, ruling that the U.S. Supreme Court's July holding laying out grounds for immunity did not sway his opinion that the payments were "unofficial acts."
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August 30, 2024
Miami Gallery Sold Family $6M In Fake Warhols, Lawsuit Says
A new lawsuit accuses a Miami gallery of selling over $6 million in fake Andy Warhol paintings and stringing a family of amateur art collectors along with an elaborate ruse involving the lure of "below-market prices" and "fictitious" employees from the Warhol Foundation and a New York auction house.
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August 30, 2024
CrowdStrike VP Called To House Hearing On Global IT Outage
A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm.
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August 30, 2024
Supply, Worker Shortages Prompt 'Rip And Replace' Leniency
Citing shortages of network gear and work crews, the Federal Communications Commission granted additional time, generally six months, for several telecom carriers to comply with their obligations to "rip and replace" Chinese network equipment.
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August 30, 2024
Doctor In Matthew Perry's Death Makes 1st Court Appearance
A physician charged in actor Matthew Perry's death made his initial appearance in Los Angeles federal court Friday and was allowed to remain free on a $50,000 unsecured bond pending his expected guilty plea to one count of conspiracy to distribute ketamine.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
Axon Pushes FCC Again For New Surveillance Device OKs
Police body cam maker Axon again pressed the Federal Communications Commission to approve the use of three surveillance devices, emphasizing they will only be used briefly for law enforcement situational awareness.
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August 30, 2024
Md. Supreme Court Reinstates Adnan Syed Murder Conviction
A divided Maryland Supreme Court on Friday reinstated the decades-old murder conviction of Adnan Syed, whose case received renewed attention after being featured on the "Serial" podcast.
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August 30, 2024
Cable Cos. Seek Latitude To Define BEAD Service Areas
If Texas wants to make the most of its $3.3 billion in Broadband Equity, Access and Deployment program money, it should allow participants the latitude to craft their own project areas when deciding which locations to build broadband infrastructure for, a major cable trade group told the state's broadband office.
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August 30, 2024
New York Magazine Reader Drops Suit Over Data Disclosures
A subscriber to New York magazine has voluntarily dropped a potential class action accusing the periodical's publisher of violating a Michigan consumer privacy law by wrongfully disclosing readers' data to third parties.
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August 30, 2024
RNC Says It Had License For Isaac Hayes' Song At Convention
The Republican National Committee on Friday urged a Georgia federal court to deny the estate of Isaac Hayes' request to order Donald Trump and other conservative groups to stop playing the song "Hold On, I'm Coming," saying it was properly licensed.
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August 30, 2024
Period Tracker App Users Seek Class Cert. In Data-Selling Suit
Users of the menstrual cycle tracking app Flo Health Inc. are seeking class certification in their suit against Flo, Google and Meta, telling a California federal judge the proposed class would include millions of users whose personal health information was sold to the ad giants without consent.
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August 30, 2024
WWE Accuser's Discovery Bid Must Fail, Conn. Doctor Says
The woman accusing World Wrestling Entertainment Inc. and two former executives of sexual abuse and trafficking in Connecticut federal court should lose her separate but related bid for discovery against a celebrity doctor who treated her, the doctor has argued in a motion to dismiss the state court action.
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August 30, 2024
Manilow Says IP Biz Didn't Deliver 'Copacabana' TikTok Trend
Singer Barry Manilow has hit British music royalties outfit Hipgnosis with a California federal court lawsuit alleging he was falsely promised a "Copacabana dance trend" on TikTok, the marketing of a "Copacabana" drink kit and over a million dollars in bonuses.
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August 30, 2024
Actors Say AI Co. ElevenLabs Cloned Their Voices
Two professional audiobook narrators have sued speech synthesis software company ElevenLabs Inc. in Delaware federal court, saying the company used generative artificial intelligence to clone their voices without consent or compensation and is now profiting by letting customers use their voice clones "Bella" and "Adam" for free.
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August 30, 2024
Gaming Co. Exec Gets 6 Years For Fake IPO Claims, Theft
An executive of Carlyle Entertainment Ltd. has been sentenced to 72 months in prison for advertising a phony initial public offering and fraudulently misappropriating $3 million in investor funds for his personal use in a scheme that spanned six years.
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August 30, 2024
Favre Cites Palin-NYT In Push To Reverse Defamation Ruling
Attorneys for former NFL quarterback Brett Favre asked the Fifth Circuit to consider a recent ruling granting Sarah Palin a new libel trial against the New York Times when it considers reviving his case against fellow NFL great turned sports pundit Shannon Sharpe.
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August 30, 2024
UTA Atty Fights For More Fees After Beating $125M Suit
An attorney representing Liner Freedman Taitelman & Cooley LLP urged a California state judge at a hearing Friday to reconsider a tentative ruling that granted less than the attorney fees sought for defeating a $125 million defamation suit brought by MediaLink's founder, saying the suit threatened the very existence of the firm.
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August 30, 2024
Trump's Bid To Move Hush Money Case Could Backfire
Donald Trump's renewed bid to persuade a federal court to intervene in the Manhattan district attorney's hush money prosecution faces slim odds and could ultimately be deemed a frivolous filing that exposes his attorneys to potential sanctions, experts told Law360.
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August 30, 2024
Boxing Promoter Refiles Suit Over Missed $1M Match Fee
Boxing promoter Epic Sports & Entertainment has lodged a new $1.8 million breach of contract suit in Florida federal court against video-sharing app Triller over a pair of bouts in California, saying Triller did not abide by the terms of a settlement agreement.
Expert Analysis
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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The Taylor Swift Effect: Leveraging IP Thresholds In Ads
The Cetaphil #GameTimeGlow commercial, which aired before the Super Bowl, has garnered attention for its indirect use of Taylor Swift-related symbols that were easily spotted by fans — sparking questions about the legality of nodding to the iconic pop star without violating intellectual property rights, say attorneys at Brooks Kushman.
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The Challenges Of Measuring Harm In Slack-Fill Cases
A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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High Court Social Media Speech Ruling Could Implicate AI
In Moody v. NetChoice and NetChoice v. Paxton, the U.S. Supreme Court is considering whether certain state laws can restrict content moderation by social media platforms, but the eventual decision could also provide insight into whether the first amendment protects artificial intelligence speech, say Joseph Meadows and Quyen Dang at GRSM50.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.