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Media & Entertainment
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May 23, 2025
Westlaw AI Win Right But Appellate Review Wise, Judge Says
A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.
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May 23, 2025
LegitScript Can't Use 'Unclean Hands' To Ax Antitrust Case
The Ninth Circuit on Friday said that pharmacy verification and monitoring service provider LegitScript could not toss an antitrust action brought by PharmacyChecker.com based on assertions that the plaintiff facilitated the illegal importation of foreign drugs, saying that the defense of unclean hands doesn't bar the lawsuit.
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May 23, 2025
9th Circ. Judges Grapple With Funko Investors' Fraud Claims
Ninth Circuit panelists said Friday they were "struggling" with an appeal from a group of investors in a proposed class securities fraud case against toymaker Funko, expressing skepticism that the shareholders had shown corporate leadership knowingly misrepresented the status of a software update that flopped.
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May 23, 2025
X Corp. Hit With $8.2M Judgment Over Colo. Lease Breach
A Colorado state judge on Friday found that X Corp. violated a lease and ordered the company to pay more than $8.2 million in unpaid rent and other costs, citing testimony from a former employee that the social media company stopped making rent payments on various leases as a "renegotiating tactic."
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May 23, 2025
McMahon Tries To Limit Misconduct Docs In WWE Merger Suit
The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company's merger with Ultimate Fighting Championship, telling the Delaware Chancery Court they are irrelevant to the shareholders' suit.
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May 23, 2025
X Alleges Vietnamese Group Is Exploiting Engagement Metrics
X Corp. on Thursday filed suit in Texas federal court against several Vietnamese nationals it alleges run a cybercrime ring that farms money using computer-generated content and manipulating its social media platform's engagement metrics through bots.
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May 23, 2025
IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited
In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.
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May 23, 2025
Senate Dems Bash Spectrum 'Giveaway' In Budget Bill
Key Senate Democrats who oversee telecommunications issues have lambasted House Republicans for "handing over" swaths of radio spectrum to the wireless industry in the sweeping budget reconciliation bill that GOP lawmakers passed Thursday.
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May 23, 2025
2nd Circ. Says Judge Misapplied Fair Use In Copyright Case
A Manhattan federal judge misunderstood the fair use doctrine when she dismissed a photographer's copyright lawsuit against a website that published one of her images, the Second Circuit said in a Friday ruling that directed the lower court to enter judgment in favor of the plaintiff.
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May 23, 2025
Alex Jones Says $45.1M Sandy Hook Verdict Unconstitutional
Infowars host Alex Jones' newest attorneys have asked a Texas appeals court to overturn a $45.1 million defamation verdict awarded to Sandy Hook families, arguing the default judgment was unconstitutionally issued after limited discovery and that the award violates Texas law limiting punitive damages compared to actual harm.
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May 23, 2025
NY Judge Won't Rethink Sanctions Against Chinese Tech Co.
A New York federal judge has refused to reconsider a prior ruling that partially sanctioned a Chinese video technology company and its U.S. distributor that are both embroiled in a rival's trade secrets suit.
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May 23, 2025
Home Makeover Host Sues Citibank For Debit Declines
The host of a home makeover show who calls himself "America's top lifestyle expert" has sued Citibank N.A. in Connecticut state court, alleging that he suffered embarrassment and loss of business opportunities when his debit card transactions were declined numerous times despite sufficient funds.
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May 23, 2025
Musk Doubles Down After OpenAI Drops For-Profit Transition
OpenAI's decision to abandon its transition into a for-profit enterprise was not enough to appease Elon Musk, who doubled down Thursday with an amended California federal court complaint continuing to allege the ChatGPT maker tricked him into contributing nearly $45 million with false promises of remaining a nonprofit.
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May 23, 2025
Off The Bench: Tennis Officials, NCAA Stay On The Defensive
In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.
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May 23, 2025
FTC Finally Drops Challenge To Microsoft-Activision Deal
The Federal Trade Commission has dropped its in-house case seeking to block Microsoft's $68.7 billion purchase of video game developer Activision Blizzard, after its Ninth Circuit loss earlier this month, ending a lingering challenge to a deal that closed in late 2023.
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May 22, 2025
Copyright Director Sues Trump Over 'Blatantly Unlawful' Firing
The recently fired director of the U.S. Copyright Office sued the Trump administration over the "blatantly unlawful" attempts to remove her, asking a Washington, D.C., federal judge Thursday to block her removal and stop the acting librarian of Congress installed by the president from making leadership decisions.
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May 22, 2025
Health Education Provider Can't Shake Video Privacy Suit
A Wisconsin federal judge has refused to toss a proposed class action accusing healthcare continuing education provider Pesi Inc. of unlawfully sharing information about the videos that customers purchased with Meta, Google and others, finding that federal video privacy law covers both the nonprofit organization and the allegedly disclosed data.Â
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May 23, 2025
Ex-FCC Nom Slams Trump For Pulling Digital Equity Funding
One-time FCC nominee Gigi Sohn dug into President Donald Trump for killing the $2.75 billion Digital Equity Fund, borrowing his language to say that the abrupt cancellation of a congressionally approved program was "unconstitutional" and "illegal."
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May 22, 2025
Training LLMs Is OK, Pirating Isn't: Anthropic Judge Tips Hand
A California federal judge considering writers' copyright suit against Anthropic indicated Thursday that he thinks training its LLM with copyrighted works is fair use, but said plaintiffs can likely pursue claims that the AI startup infringed by obtaining those training materials from pirating websites instead of buying them.
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May 22, 2025
FTC Can't Get Amazon Execs' Financials Yet In Prime Case
A Washington federal court has refused the Federal Trade Commission's request to immediately force several Amazon executives to turn over sensitive financial information, ruling the agency must instead wait until after trial in its case accusing the company of trapping consumers into renewing Prime subscriptions.
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May 22, 2025
FCC Clamps Down On 'Bad Labs' Seen As Security Threats
Labs that test communications equipment flowing to the U.S. market will get a security makeover after a vote Thursday by the Federal Communications Commission.
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May 22, 2025
Fla. Can't End Tech Groups' Challenge To Social Media Law
A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.
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May 22, 2025
At NY Show, The Trial Is Fake But The Entertainment Is Real
Playing at Irondale in Brooklyn, production company Fever's "The Jury Experience" seeks to capitalize on the trend of immersive, interactive entertainment by giving members of the public a chance to take part in something conventional wisdom says they'd normally try to avoid — jury duty.
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May 22, 2025
Oyster Enterprises II SPAC Prices $220M IPO
Special purpose acquisition company Oyster Enterprises II Acquisition Corp. began trading publicly on Thursday following its $220 million initial public offering.
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May 22, 2025
Tax Court Backs IRS In Multibillion-Dollar Facebook Clash
The U.S. Tax Court largely sided with the IRS on Thursday in a multibillion-dollar tax dispute with Facebook, upholding the agency's approach for valuing the company's intangible property but finding it applied the wrong data points in its analysis.
Expert Analysis
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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AI Use Of Hollywood Works: The Case For Statutory Licensing
Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.
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Perspectives
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Influencer Campaign Lawsuits Signal New Endorsement Risks
Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.