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November 29, 2023
LIVE COVERAGE: Day 36 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Follow along here.
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November 28, 2023
Court Dismisses Insurer's Suit Over FreeFall Rider's Death
An insurance company that wanted to avoid defending a company that inspected and certified an amusement park drop tower ride that fatally ejected a 14-year-old boy failed to prove that it had served the defendants with notice of its suit, putting an early end to its case, a Florida federal judge decided Tuesday.
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November 28, 2023
'This Is Solvable': Google, Epic Ordered To Midtrial Deal Talk
A California federal judge on Tuesday ordered top decision-makers at Google and Epic Games to try a second time to reach a settlement in their Play Store antitrust case as the monthlong trial nears its end, saying the fight is "solvable" and comparing their hesitation to a kid eating broccoli.
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November 28, 2023
Fox News To Face Claim Of 2008 Sex Assault In Federal Court
A former Fox News employee's suit claiming he was sexually assaulted by a former executive producer of "Tucker Carlson Tonight" was moved from New York state court to federal court, according to a notice.
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November 28, 2023
Competing Miami Christmas Event Can Go On, Court Says
A Florida state court judge on Tuesday declined to temporarily block a Christmas theme park that a competitor alleges was unfairly allowed by Miami-Dade County, saying such a ruling will deprive local government of revenue and that having one local holiday event won't serve the public interest.
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November 28, 2023
Show Jurors The Copyright Notice, Judge Says In Disney Row
The Walt Disney Co. failed on Tuesday to persuade a California federal judge to stop former Microsoft executive Steve Perlman's digital effects company from potentially showing jurors next week what a team of lawyers from the Mouse House calls a "highly misleading" copyright notice.
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November 28, 2023
Roblox Hit With Securities Suit Over Lack Of Parental Controls
Online game platform Roblox Corp. and some of its executives face an investor's proposed class action alleging they concealed shortcomings affecting its parental restrictions after the company saw a sales slump when it added new controls.
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November 28, 2023
NetChoice Seeks Win In Suit Targeting Ark. Social Media Law
Internet trade group NetChoice LLC is asking a federal judge to permanently block a challenged Arkansas law aimed at limiting minors' access to social media sites for being unconstitutionally vague and violating the First Amendment.
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November 28, 2023
FCC To Ease Signing-Up For Rural Health Funding Projects
At its December meeting, the Federal Communications Commission intends to get the ball rolling on making it easier for rural health care providers to sign up for financial help from the U.S. government and to reduce bureaucratic hurdles in the process.
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November 28, 2023
Soccer Star Ronaldo Hit With $1B Suit Over Binance Promo
Three men have filed a $1 billion proposed class action against soccer player Cristiano Ronaldo in Florida federal court that accuses the star forward of helping lure customers to the legally embattled crypto platform Binance.com.
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November 28, 2023
Consumer Privacy Rules For AI Floated By Calif. Regulators
The California Privacy Protection Agency revealed Monday proposed regulations to allow more consumer control over private information that could be used by artificial intelligence, floating the ability to opt out of providing such information and to obtain more information about businesses' use of the technology, in line with state consumer privacy laws.
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November 28, 2023
DC Court Skeptical Of Coca-Cola 'Greenwashing' Suit
The D.C. Court of Appeals reached for — but didn't necessarily find — a limiting principle on Tuesday morning as it heard arguments over whether it should revive a lawsuit accusing Coca-Cola of making misleading statements to consumers about its sustainability efforts in order to "greenwash" its products.
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November 28, 2023
Pac-12 Bylaws 'Poorly Written,' Wash. High Court Official Says
The 10 departing Pacific-12 Conference schools will retain veto power in the group while the Washington Supreme Court decides whether to hear the case, with a court commissioner ruling Tuesday that conference bylaws on leaving are "poorly written and possibly ambiguous."
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November 28, 2023
Sofia Vergara Owes $1.7M For Mansion Reno, Contractor Says
Actor Sofia Vergara is facing a contract breach suit brought in California state court by a construction company alleging she and her business partner, both of whom run a trust that owns a $26 million Beverly Hills mansion, refused to pay the plaintiff over $1.7 million for property renovations.
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November 28, 2023
Real Estate Rumors: Brent Saunders, JVM, Hudson Pacific
The CEO of Bausch + Lomb is said to be the buyer of a $35.3 million home near Miami, JVM Realty has reportedly purchased a luxury apartment building near Chicago for a price rumored to exceed $30 million and Hudson Pacific Properties is said to have sold a 5.3-acre parcel in Sillicon Valley for $43.5 million.
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November 28, 2023
NJ Theater Says Policy's $1.9M Limit Applies To Virus Losses
An iconic New Jersey theater urged a federal court to rule that it can recover $1.9 million to offset its $3.7 million pandemic-related losses, arguing that the blanket limit of insurance in its Zurich policy replaces a lower per-occurrence limit for communicable disease coverage.
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November 28, 2023
Bannon Ally Says He Won't Flee If Released In $1B Fraud Case
Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Reporter Says NFL's Stance On Racism Suit 'Abhorrent'
Attorneys for award-winning sports journalist Jim Trotter have responded to the National Footbal League's plan to file a motion to dismiss his racial discrimination and retaliation lawsuit, penning a letter calling the motion "frivolous" and the league's defense against his allegations "morally abhorrent."
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November 28, 2023
COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from Day 35.
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November 27, 2023
Zuckerberg Nixed Proposal Aimed At Mental Health, AGs Say
Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.
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November 27, 2023
Trump Can't Subpoena Jan. 6 Docs In Election Criminal Case
The D.C. federal judge overseeing Donald Trump's criminal election-interference case denied the former president's bid to subpoena records from the investigation into the Jan. 6 attack on the U.S. Capitol Building, saying Monday that Trump's "vague" motion resembled a "fishing expedition."
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November 27, 2023
Google's Android Monopoly Harms Users, Stanford Prof Says
A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."
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November 27, 2023
NY Adult Survivors Act Window Shuts, Airing Years Of Abuse
While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.
Expert Analysis
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New Legal Frameworks Are Instrumental For AI In Music
As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.
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IP Suits Over Brand Owner Font Use Offer Cautionary Tales
Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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Copyright Ruling A Victory For Innovation In Publishing Sector
The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Deploying Analogies To Explore AI Copyright Questions
Xin Shao at F. Chau & Associates translates two representative artificial intelligence copyright cases into more traditional copyright law scenarios to facilitate the direct application of legal theories to undisputed technological facts.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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FTC Warning Letters Note 5 Mistakes For Influencers To Avoid
The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.
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Opinion
A Telecom Attorney's Defense Of The Chevron Doctrine
The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.
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Seized Art Ownership Row Highlights Importance Of Vetting
The Cleveland Museum of Art's recent suit against the Manhattan District Attorney's Office to block a seizure order and contest its rightful ownership of a headless statue worth $20 million presents an uncommon challenge that underscores the criticality of due diligence prior to acquiring artworks, especially older pieces, say Robert Darwell and Zach Dai at Sheppard Mullin.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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'Trump Too Small' Args Show Justices Inclined To Reverse
The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
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What Cos. Should Know About FTC's Proposed Junk Fee Rule
The Federal Trade Commission recently announced a notice of proposed rulemaking targeting junk fees and how businesses may advertise prices to consumers — and since it would give the agency powers to seek monetary penalties against businesses that do not comply, companies should look to get ahead now, say Phyllis Marcus and Nicole Johnson at Hunton Andrews.