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Media & Entertainment
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July 11, 2024
Bally Sports Parent Axes TV Deal With NHL's Dallas Stars
A Texas bankruptcy judge on Thursday approved a request by Bally Sports parent company Diamond Sports Group to reject a broadcast agreement with the NHL's Dallas Stars, the latest professional team to part ways with DSG.
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July 11, 2024
Deals Rumor Mill: Saudi Aramco, Paramount Global, Carlyle
The Carlyle Group is considering acquiring Baxter International's kidney-care spinoff Vantive for about $4 billion, Aramco attracted more than $31 billion in orders for its $6 billion bond sale, and Paramount Global plans to cut more jobs before its merger with Skydance Media closes. Here, Law360 breaks down these and other notable deal rumors from the past week.
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July 10, 2024
Santa Clara Hospital Can't Fully Shake Online Tracking Suit
A California federal judge has refused to toss a proposed class action accusing Santa Clara Valley Medical Center of unlawfully sharing sensitive data with Meta and Google through online tracking tools embedded in its website and patient portal, rejecting the contention that the plaintiff had consented to these disclosures by agreeing to policies required to use the services.
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July 10, 2024
Film Company Gets $190K In Atty Fees In Distribution Dispute
A California federal judge has awarded nearly $190,000 in attorney fees to a U.S. film production company that successfully enforced an arbitral award worth approximately $537,000 against a Mexican film distributor over "Ava," a 2020 movie starring Jessica Chastain and Colin Farrell.
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July 10, 2024
Ex-Chili Peppers Guitarist Sued Over Pedestrian Death
Josh Klinghoffer, a former guitarist for the Red Hot Chili Peppers and current touring member of Pearl Jam, is accused of hitting and killing a pedestrian in a crosswalk while driving a sport utility vehicle and distracted by his cellphone, in a lawsuit filed Wednesday in Los Angeles County.
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July 10, 2024
FCC Says Nearly Half 'Rip And Replace' Providers Can't Finish
The Federal Communications Commission said the agency is going to need another $3 billion if it's to keep its promise to reimburse all the companies who agreed to rip out and replace their Chinese-made technology to alleviate security concerns.
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July 10, 2024
Major Cable Group Opposes FirstNet Bid For 4.9 GHz Manager
Cable trade group NCTA is urging the Federal Communications Commission to listen to the chorus of public safety groups who have been pushing hard against the idea of making AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band.
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July 10, 2024
Proof Of Ozy Media CEO's Fraud Is Overwhelming, Jury Told
A New York federal prosecutor on Wednesday told the jury weighing the fate of Carlos Watson that the evidence presented at trial clearly shows that the former Ozy Media CEO was at the helm of a scheme to deceive investors into backing the struggling news and entertainment startup, by falsely inflating its financials and lying about the company's prospects in order to keep it afloat.
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July 10, 2024
FCC To Fine Telecom Involved In Universal Service Challenge
The Federal Communications Commission is moving forward with a $100,000 fine against an Ohio-based telecommunications company over late paperwork with the Universal Service Administration.
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July 10, 2024
Feds Say Guo Ran 'Fraud Empire' As Racketeering Trial Wraps
Manhattan federal prosecutors urged a jury on Wednesday to convict Chinese dissident Miles Guo for operating his political movement as a vast racketeering conspiracy that "brainwashed" supporters into spending more than $1 billion on scam investments.
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July 10, 2024
NFL Asks Court Not To Act On Sunday Ticket Judgment
The NFL urged a California federal judge Tuesday to hold off on any entry of judgment enshrining a jury's blockbuster $4.7 billion antitrust verdict against the league over the DirecTV Sunday Ticket package, arguing there are outstanding issues to be decided that make partial judgment now impractical.
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July 10, 2024
House GOP Demands Info On BEAD 'Rate Regulation'
Congressional Republicans called on a top U.S. Department of Commerce official to release all communications with state agencies in charge of distributing federal broadband grants to see if the agencies were pressured into regulating rates.
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July 10, 2024
Pokemon Go Maker Escapes Gaming Patent Suit
A California federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea.
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July 10, 2024
10th Circ. Now Seems Unsure 'Tiger King' Violated Copyright
A Tenth Circuit panel that cited the U.S. Supreme Court's Warhol decision in holding that Netflix Inc. could not dodge a copyright complaint for including a funeral video clip in its "Tiger King" docuseries sounded more skeptical about the plaintiffs' arguments during a rehearing Wednesday, grilling counsel about why the short video was not fair use.
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July 10, 2024
Snapchat Cites Federal Immunity In Conn. Sex Assault Case
Leaning heavily on Section 230 of the Communications Decency Act, Snap Inc. said Wednesday in Connecticut state court that a retooled complaint accusing it of being a co-creator or co-publisher of Bitmojis that made sexual predators look younger and less dangerous to children must fail because individual users remain in control of content published online.
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July 10, 2024
Rural Broadband Org. Calls For Speedier Permitting Process
A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.
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July 10, 2024
Skydance, Paramount Unlikely To Hit Regulatory Roadblocks
After Skydance Media and Paramount Global finally inked a deal to merge, the parties will move through a 45-day go-shop period and a review from U.S. regulators, but experts told Law360 the deal is unlikely to hit any antitrust obstacles.
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July 10, 2024
Redbox Parent To Liquidate After 'Train Wreck' Mismanagement
Attorneys for the parent of Redbox Entertainment on Wednesday told a Delaware bankruptcy judge that "massive mismanagement" of the DVD rental company had left them with no choice but to ask for conversion of the Chapter 11 case to a Chapter 7 liquidation, with lenders unwilling to extend new financing amid doubts about the remaining value of the firm.
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July 10, 2024
Ga. Judge Shakes Off YSL Bid To Step Aside From DQ Fight
A Georgia state judge has rejected a request from Atlanta rapper Young Thug that she step aside from handling his motion seeking another judge's recusal from his racketeering trial for allegedly colluding with prosecutors in a closed-door meeting with a key witness.
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July 10, 2024
Baldwin Trial Opens With 911 Call Blaming Assistant Director
Alec Baldwin on Wednesday began his defense to criminal charges over the "Rust" shooting by playing for a New Mexico jury a 911 recording in which the caller describes the fatal incident as accidental and then blames the film's assistant director for what happened.
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July 10, 2024
Chevron's End Won't Affect Cubs Sale Tax Suit, 7th Circ. Told
An anti-abuse rule the IRS is using to push for taxes on gains from Tribune Media Co.'s sale of the Chicago Cubs is not threatened by the U.S. Supreme Court ruling overturning the Chevron deference doctrine, an attorney for the IRS told the Seventh Circuit on Wednesday.
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July 09, 2024
Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight
The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.
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July 09, 2024
FTC Deal Bars Messaging App From Allowing Users Under 18
Anonymous messaging app maker NGL Labs LLC and two of its founders will shell out $5 million and be banned from offering the service to anyone under age 18 to resolve the Federal Trade Commission and Los Angeles County's claims that they unfairly marketed the app to children and teens and falsely portrayed their content moderation efforts.
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July 09, 2024
Industry, FCC Argue Net Neutrality's Fate After Chevron's Fall
Industry groups and the Federal Communications Commission filed competing briefs with the Sixth Circuit over whether to delay the enforcement of net neutrality rules after the U.S. Supreme Court tossed the longstanding Chevron doctrine that gave wide deference to agency decision making.
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July 09, 2024
9th Circ. Won't Revive Great-Grandson's Nazi-Looted Art Suit
The Ninth Circuit said Tuesday it won't rehear a unanimous panel decision that a Spanish museum has no obligation to return a Camille Pissarro painting that the Nazis stole from a Holocaust survivor's grandmother, despite a senior circuit judge's protest that California law should apply.
Expert Analysis
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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.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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What New Calif. Strike Force Means For White Collar Crimes
The recently announced Central District of California strike force targeting complex corporate and securities fraud — following the Northern District of California's model — combines experienced prosecutorial leadership and partnerships with federal agencies like the IRS and FBI, and could result in an uptick in the number of cases and speed of proceedings, say attorneys at MoFo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.