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Media & Entertainment
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May 03, 2024
Meta Asks 9th Circ. To Revisit Predominance In Ad Class Cert.
Meta Platforms Inc. on Friday asked the Ninth Circuit to take a fresh look at a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, taking issue with the panel majority's "sweeping" interpretation of the predominance requirement.
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May 03, 2024
The Privacy Report: Legislative Moves You May Have Missed
Tennessee's enactment of new restrictions on teens' social media use led the charge this week amid a flurry of state and federal efforts to increase protections for minors online, while Connecticut faces a looming deadline to become the first state with a comprehensive framework for regulating artificial intelligence.
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May 03, 2024
10th Circ. Blasted For Warhol Reading In 'Tiger King' IP Suit
Filmmakers, authors and law professors have urged the Tenth Circuit to revisit its decision to revive part of a copyright complaint against Netflix for its popular "Tiger King" docuseries, arguing that an appeals panel misapplied the U.S. Supreme Court's landmark Warhol decision when it ruled against the streaming service.
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May 03, 2024
Hope Hicks Tells Jury Of 'Access Hollywood' Tape Fallout
Hope Hicks, a former senior aide to Donald Trump, took the witness stand Friday in the former president's Manhattan hush money trial and described the fallout during the 2016 campaign after the release of the notorious "Access Hollywood" video and as word of his alleged extramarital affairs began to spread.
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May 03, 2024
Harvey Weinstein Denied Win In $1M Fee Fight With Jose Baez
A New York state judge on Friday denied an early win to Harvey Weinstein in his $1 million fee dispute with criminal defense attorney Jose Baez, saying the incarcerated former media mogul produced nothing but a "self-serving affidavit" and "haphazard printout" to make his arguments.
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May 03, 2024
New AI Copyright Class Actions Target Nvidia, Databricks
Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.
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May 03, 2024
Gannett Can't Dodge Tax Firm's Defamation Case
Gannett Co. can't escape a defamation case accusing it of writing misleading articles saying Ryan LLC, a tax services and technology firm, engaged in shady business practices, a Texas appeals court ruled, finding the media giant isn't shielded from the claims by the Lone Star State's anti-SLAPP law.
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May 03, 2024
DOJ Seeks Info Sharing With Texas In Google Ad Tech Case
The U.S. Department of Justice objected on Friday to a Virginia magistrate judge's refusal to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas, contending the information sharing is needed to maintain a level playing field.
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May 03, 2024
Florida Court Revives County's Suit Over Fairgrounds Deal
A Florida appeals court on Friday revived Hernando County's lawsuit against a local county fair association over a broken contract to redevelop a county fairgrounds property, ruling that it is not clear the lawsuit is time-barred.
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May 03, 2024
Google Blasts Epic's Post-Verdict Play Store Reforms Bid
Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."
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May 03, 2024
NY Judge Urged To Detain Chinese Tycoon Who Owes $500M
A trio of Chinese investors have urged a New York federal judge to prevent a Chinese cinema magnate from being deported, saying he will otherwise skip town without paying more than $500 million in arbitral awards and nearly $164,000 in attorney fees.
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May 03, 2024
Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw
An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.
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May 03, 2024
Chancery OKs Extra Digging Into Trump Media Share Dispute
The sponsor of a special-purpose acquisition company that took Donald Trump's social media venture public earlier this year won Delaware Court of Chancery approval Friday to briefly dig deeper into disputed share-exchange terms for the deal, with more than $58 million on the line.
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May 03, 2024
Sens. Look To Add Kids Online Bills To FAA Bill
A bipartisan group of senators is looking to add legislation to better protect kids online and on social media to the Federal Aviation Administration Reauthorization Act, which faces a May 10 deadline for enactment.
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May 03, 2024
OneTaste Duo's Bid To Toss Charges Slapped Down By Judge
A Brooklyn federal judge on Friday denied a bid by two former executives of OneTaste to dismiss an indictment accusing them of extracting free labor from members of the San Francisco sexual wellness company through abusive tactics.
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May 03, 2024
Off The Bench: DraftKings, FIFA Warning, Charity Turmoil
In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S., FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks.
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May 03, 2024
Feds Say They Didn't Break Law Pursuing Ozy Media, Owner
Prosecutors are urging a New York federal judge not to grant a defunct media startup and its owner Carlos Watson's request to dismiss the criminal fraud case against them as parties prepare to start picking their jury later this month.
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May 03, 2024
Law Firm Pans Photographer's IP Suit Over Website Image
The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.
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May 03, 2024
Coverage Recap: Day 7 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day seven.
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May 03, 2024
Kwok's Ex-Chief Of Staff Pleads Out Before $1B Fraud Trial
The former chief of staff to exiled Chinese billionaire Ho Wan Kwok pled guilty in Manhattan federal court on Friday to participating in a $1 billion investor fraud, less than three weeks before she was scheduled to go to trial alongside her erstwhile boss.
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May 03, 2024
SEC Fines Trump Media's Audit Firm For 'Massive Fraud'
The U.S. Securities and Exchange Commission said on Friday that it has fined and permanently suspended the public accounting firm of former President Donald Trump's social media company for allegedly running a "sham auditing mill" by failing to meet industry standards in reviewing the financial statements of hundreds of clients.
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May 03, 2024
Ohio Statehouse Catch-Up: Trans, Abortion Laws Face Battles
Ohio lawmakers have shepherded controversial bills impacting healthcare, social media and other matters into law in recent months, prompting lawsuits and even a veto from Gov. Mike DeWine.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 02, 2024
TikTok, Users Push 9th Circ. To Keep Block On Montana Ban
TikTok and its users are hitting back at Montana's bid to convince the Ninth Circuit to unblock a new law that would ban the social media app in the state, arguing that the state's position that the statute is a consumer protection measure that regulates conduct and not constitutionally protected speech is "premised on fiction."
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May 02, 2024
NFL Throws Flag On Harvard Prof's Sunday Ticket Testimony
An attorney for the NFL urged a California federal judge Thursday to limit testimony from a Harvard law professor set to appear for the plaintiffs in an upcoming antitrust lawsuit over the Sunday Ticket television package, saying his expert report veers into impermissible legal opinions that will confuse the jury.
Expert Analysis
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Navigating SPAC Market Challenges For Microcap Issuers
For microcap issuers, the special-purpose acquisition vehicle market tells a cautionary tale in which few targets attain the advantages they seek, and important considerations for companies with market capitalization of under $300 million include negotiating costs and expenses upfront to avoid becoming saddled with debt, say attorneys at Lucosky Brookman.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.