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October 07, 2024
High Court Rejects Pleas To Hear 7 Patent Cases
The U.S. Supreme Court on Monday turned down seven petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.
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October 07, 2024
High Court Turns Away Case On Shareholder Opt-Out Rights
The U.S. Supreme Court on Monday turned away a petition brought by an AMC Entertainment Holdings Inc. shareholder who asked the court to weigh in on whether a Delaware Court of Chancery judge violated her due process rights by blocking her from opting out of a settlement over the movie chain's controversial reverse stock split.
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October 07, 2024
Justices Won't Review Feds' Warrant On Trump's Twitter DMs
The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.
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October 07, 2024
R. Kelly's Child Porn Conviction Won't Get High Court Review
The U.S. Supreme Court refused Monday to review R. Kelly's conviction and 20-year sentence on child pornography and inducement charges.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
EU High Court Says Meta Must Limit Data Used To Target Ads
The European Court of Justice ruled Friday that the bloc's data protection rules prohibit Meta's Facebook and other social media platforms from using all the personal data they've ever collected to fuel their targeted advertising, handing Austrian activist Max Schrems a win in his latest fight against the tech giant.
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October 04, 2024
JPML Agrees To Combine Snowflake, AT&T Data Breach MDLs
The Judicial Panel on Multidistrict Litigation on Friday centralized a slew of cases stemming from high-profile data breaches affecting customers of the Snowflake Inc. cloud platform in the District of Montana, a transfer order that includes sprawling multidistrict litigation against AT&T, one of Snowflake's customers.
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October 04, 2024
Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed
Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.
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October 04, 2024
Apple Sued For Booting Music App Amid YouTube IP Fight
A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.
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October 04, 2024
Amazon Consumers Want In On FTC Antitrust Econ Primer
Consumers bringing proposed class claims against Amazon over its seller contracts have asked a Washington federal judge to let them join an upcoming "economics day hearing" in the Federal Trade Commission's case accusing the e-commerce giant of similar antitrust violations, saying experts will be addressing overlapping competition issues.
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October 04, 2024
Atlanta Employee Sues City For More Than $100K Of OT Pay
A community program analyst in Atlanta's Office of Film, Entertainment & Nightlife hit the city with a Fair Labor Standards Act complaint alleging she's owed more than $100,000 for unpaid overtime work.
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October 04, 2024
State Fair Case Creates Tension For Gun And Property Rights
The State Fair of Texas kicked off a week ago with its usual offerings of splashing neon and deep-fried Oreos, but with its opening the fair has become the center of a legal question the Texas Supreme Court may have difficulty wrangling as it seeks to sort out the tension between the rights of gun owners and property owners.
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October 04, 2024
Meta Investors Seek Sanctions Over Execs' Deleted Emails
Meta Platforms Inc. shareholders suing over the Facebook Cambridge Analytica data scandal urged a Delaware Chancery Court Thursday to sanction Meta board members Jeffrey Zients and Sheryl Sandberg for allegedly spoiling evidence by using their personal email accounts to discuss the scandal and then deleting large portions of their correspondence.
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October 04, 2024
Trump Media SPAC Dropped From $20M Insider-Trading Suit
A Florida federal judge dismissed a special purpose acquisition company from a shareholder complaint alleging a board member and investor made nearly $20 million from insider trading following news of a merger with Donald Trump's social media website, saying the SPAC isn't a necessary party to the lawsuit.
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October 04, 2024
Hemp Org, Cheech & Chong Seek Halt Of Calif. Hemp Ban
A leading hemp industry trade organization, along with the cannabis brand fronted by stoner comedians Cheech & Chong, have asked a Los Angeles state judge to halt enforcement of new California emergency regulations banning the sale of hemp products with THC.
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October 04, 2024
Former X Worker's 2 Sex Bias Suits Will Go To Same Judge
A San Francisco federal judge said Friday that a former X Corp. engineer's lawsuit claiming Elon Musk laid off more women than men after acquiring the company belonged with a similar case the worker filed in San Jose federal court — but chided both sides, saying "nobody's being terribly reasonable."
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October 04, 2024
Couple Harassed By EBay May Not Get Maximum Damages
A federal judge said Friday she will have to decide count by count whether she can allow a Massachusetts couple suing eBay over a harassment campaign against them to seek punitive damages under California law while pursuing compensatory damages for the same claims under the laws of the pair's home state.
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October 04, 2024
FCC Aims To Open More 6 GHz To Very Low Power Devices
The Federal Communications Commission said Friday it wants to clear two more portions of the 6 gigahertz spectrum band for very low power unlicensed devices, like virtual reality gear, while still protecting licensed incumbents that use the same swath of airwaves.
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October 04, 2024
Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing
In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.
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October 04, 2024
Disneyland Worker Sues Over Personnel Data Breach
A Disneyland employee hit The Walt Disney Co. with a proposed class action in California state court on Thursday over a cyberattack that allegedly compromised employee personnel information, including work assignments, passport numbers and visa details.
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October 04, 2024
Epic Doubts Apple's Privilege Assertions In Antitrust Fight
Epic Games told a California federal magistrate judge overseeing discovery in its antitrust compliance fight with Apple on Friday that it's concerned Apple has wrongly asserted privilege in more than half the documents it has declined to produce, while adding "we don't want to spend months here duking this out."
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October 04, 2024
Judge Says Live Nation Case Runs Deeper Than Merger Pact
In refusing to transfer the government's monopolization case against Live Nation, a New York federal judge said the settlement allowing the company's 2010 merger with Ticketmaster dealt only with potential problems that existed at the time and has no bearing on the new claims.
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October 04, 2024
Why There's No Mistrial Yet In 'Messed Up' Young Thug Case
Legal experts told Law360 that concerns about sunk cost and the possibility of defendants claiming double jeopardy may be the reasons why Young Thug's long and troubled racketeering trial has continued in Georgia despite more than 40 mistrial motions filed by defendants arguing prosecutorial misconduct and judicial bias.
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October 04, 2024
Paramount Hit With WARN Act Suit Over NYC Layoffs
Paramount violated the New York Worker Adjustment and Retraining Notification Act by laying off more than 300 New York City-based employees without the required 90 days' notice, a new proposed class action filed in New York federal court alleges.
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October 04, 2024
Repeat Fraudster Guilty Of Scamming Ex-NBA Players
A Manhattan federal jury on Friday convicted a Georgia businessman and recidivist fraudster of conning former NBA players Dwight Howard and Chandler Parsons out of $8 million through the use of forged documents and other lies.
Expert Analysis
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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.
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Decoding The FTC's Latest Location Data Crackdown
Following the Federal Trade Commission's groundbreaking settlements in its recent enforcement actions against X-Mode Social and InMarket Media for deceptive and unfair practices with regards to consumer location data, companies should implement policies with three crucial elements for regulatory compliance and maintaining consumer trust, says Hannah Ji-Otto at Baker Donelson.
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Contract Negotiation Prep Checklist For In-House Ad Lawyers
Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.