AG presses Morgan Lewis Atty for details at Trump trial
From Media & Entertainment Law360
TOP NEWS
Photo by: Siegfried Nacion/STAR MAX/IPx 2023 10/25/23 Donald Trump returns to court for the second day of testimony in the NYS civil fraud case against the former president on October 25, 2023 in New York City.
AG Presses Morgan Lewis Atty For Details At Trump Trial
By Stewart Bishop
Counsel for New York state grilled a Morgan Lewis tax attorney for details on the Trump Organization’s asset valuation process in Donald Trump’s civil fraud trial Thursday while a battle loomed on whether Ivanka Trump will testify.
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COVERAGE RECAP: Day 17 Of Trump’s NY Civil Fraud Trial
By Frank G. Runyeon
Law360 is 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 17.
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Disco Bassist Urges Justices To Take Up IP Case
By Adam Lidgett
A former member of the 1970s group KC and the Sunshine Band wants the U.S. Supreme Court to review the Eleventh Circuit’s decision not to revive his copyright suit against ex-bandmate Harry Wayne Casey.
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Disney Not A ‘State Actor’ In COVID Vax Dispute, Court Told
By Brian Steele
The Walt Disney Co. should not have to face a federal lawsuit brought by three fired employees of its ESPN subsidiary who alleged that the companies discriminated against them by denying religious exemptions to a COVID-19 vaccination mandate because of multiple fatal flaws in the voluminous complaint, counsel for the defendants argued Thursday.
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Split Full 9th Circ Won’t Review SF Political Ad Disclosure Law
By Dorothy Atkins
A Ninth Circuit majority on Thursday declined to rehear en banc a three-judge panel’s ruling upholding a San Francisco ordinance forcing political advertisements to disclose their top and secondary contributors while nine judges slammed the decision in two separate dissenting opinions for purportedly burdening political advertisers and running afoul of free speech rights.
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NSO Group Beats Claims Spyware Led To Khashoggi’s Murder
By Lauren Berg
The widow of Washington Post journalist Jamal Khashoggi, who alleges Israeli cyber-intelligence firm NSO Group Technologies’ spyware contributed to her husband’s assassination, cannot pursue her suit in Virginia, a federal judge ruled Thursday, saying she hasn’t alleged any spying took place while she was in the commonwealth.
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Law Professor Ducks Testimony Over Deposition In NBC Suit
By Andrea Keckley
A U.S. magistrate judge has ruled that a Columbia Law School professor will not have to testify in connection with a doctor’s defamation suit against NBCUniversal, saying the testimony the plaintiff seeks “is not proportional to the needs of the case.”
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Reality Star Blames Atty For Ponzi, COVID Fraud Sentence
By Aaron West
A reality TV personality who was sentenced to more than 17 years in prison after pleading guilty to spending more than $1 million in COVID-19 business loans on jewelry, child support and a Rolls-Royce told a Georgia federal judge this week that his sentence should be vacated because his attorney failed to correctly explain the difference between pleading guilty and proceeding to trial.
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Google Search Judge Orders More Public Access To Evidence
By Matthew Perlman
The judge overseeing the government’s search monopolization case against Google set up a process for reporters requiring quicker access to evidence presented during the ongoing trial after a request from The New York Times and other media outlets.
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Analysis
Suits Pile Up Ahead Of Key Moment In Social Media MDL
By Emily Field
Social media companies and parents are poised to face off in California federal court Friday over novel claims that the algorithms that curate content feeds have purposely addicted children, a clash that comes as the businesses also confront legal challenges by state enforcers.
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DEALS
Endeavor Stock Jumps As PE Owner Eyes Go-Private Deal
By Al Barbarino
Endeavor Group Holdings Inc.’s stock jumped 23% Thursday after its majority owner said it was working on a proposal to take the sports and entertainment company private, a move that followed an Endeavor announcement that it was exploring strategic options.
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Deals Rumor Mill: ConocoPhillips, Disney, Orange-MasMovil
By Al Barbarino
ConocoPhillips considers a bid for CrownRock, Disney closes in on an agreement to sell its $10 billion India operations, and French telecom group Orange and Spanish peer MasMovil select a target for divesting assets. Here, Law360 breaks down the notable deal rumors from the past week.
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INTELLECTUAL PROPERTY
Amazon ‘Inflamed And Confused’ Patent Jury, TrackTime Says
By Kelly Lienhard
Virginia-based TrackTime has asked a Delaware judge for a new trial after a jury found last month that Amazon didn’t infringe a multimedia patent with its music and Audible platforms, claiming the e-commerce giant intentionally confused the jury and went back on its promises to the court.
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Laser Co. Ends TM Suit Over Rival’s Celebrity Laser Treatment
By Carla Baranauckas
Two makers of medical lasers used in skin care treatments that were popularized by Kim Kardashian and other celebrities have settled their trademark lawsuit in New Jersey federal district court, according to a dismissal notice.
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IP Forecast: Bank’s Buyers To Face Off In $1B Secrets Fight
By Andrew Karpan
Allegations that U.K. banking giant HSBC owes $1 billion for plundering confidential information while divvying up failed Silicon Valley Bank will go before a San Francisco federal judge Thursday. Here’s a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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Dallas Says Apparel Co. Ripped City’s Logo
By Madeline Lyskawa
The city of Dallas slapped an apparel company with a complaint in Texas federal court, accusing the brand of ripping off its 51-year-old trademarked logo featuring three concentric “Ds” and pushing for the cancellation of its sparring trademark registrations.
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Homesafe Says Consumer Affairs Is ‘Pay To Play’
By Collin Krabbe
Residential warranty seller Homesafe claims Consumer Affairs is a racket wherein reviews and ranking are not unbiased, but rather part of an illegal pay-to-play scheme that has utilized the warranty seller’s trademark in spite of being asked to stop, according to a Colorado federal lawsuit.
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PRIVACY & CONSUMER PROTECTION
Roblox Says It’s Not Liable For Third-Party Gambling Content
By Elaine Briseño
Roblox, the maker of a popular online video game platform, is asking the court to toss a lawsuit that accuses the company of teaming up with online casinos to prey on its young users, saying it is a neutral participant and cannot be held liable for the actions of a third party.
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Ga. Health System Hit With Meta Pixel Web Tracking Tool Suit
By Tom Lotshaw
Georgia’s largest health care provider, Piedmont Healthcare Inc., is the latest to face a proposed class action over its use of an online activity tracking tool that allegedly steered people’s personal information to Meta Platforms, the parent company of Facebook.
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UK Says Net Neutrality Helps Public, But Offers New Guidance
By Christopher Cole
Britain’s telecom regulator said Thursday that the U.K. net neutrality regime has “worked well,” even as it offered more guidance on how internet service providers can benefit consumers, a report that comes on the heels of renewed U.S. efforts to regulate ISPs.
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COMPETITION
State Agency Asks 4th Circ. To Quash Google’s Info Demand
By Matthew Perlman
A South Carolina agency told the Fourth Circuit Wednesday that it should not have to respond to Google’s request for documents about the agency’s online advertising efforts as the tech giant looks to fend off claims from state enforcers that it monopolizes key digital advertising technology.
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FTC Again Seeks Halt On IQVIA-Propel Merger Deal
By Ruben Castaneda
The Federal Trade Commission on Thursday asked a New York federal judge to pause a proposed merger between IQVIA, the world’s largest health care data provider, and Propel Media before an upcoming trial on the deal.
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Chamber Backs Amazon In FTC Prime Subscription Case
By Jared Foretek
Two leading business groups have come to the aid of Amazon in its battle with the Federal Trade Commission, calling on a Seattle federal judge to dismiss an FTC suit alleging that the company lures customers to unwittingly subscribe to Amazon Prime and writing that the action amounts to “attempted regulation by enforcement” that the court shouldn’t allow.
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EMPLOYMENT
NYC EDM Festival Organizers Settle Server’s Wage Suit
By Abby Wargo
Event organizers for a New York City electronic dance music festival told a federal judge Thursday that they had settled a proposed collective action alleging they misclassified servers as independent contractors, failed to pay minimum wage and did not allow them to keep all their tips.
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Attys For UFC Wage Class Want Rival Firm To Back Off
By Emily Sawicki
The attorneys for a class of Ultimate Fighting Championship fighters alleging the organization repressed wages through coercive contracts and the purchase of rival promoters have once again asked a Nevada federal court to stop a competing firm from attempting to contact their clients, renewing a 2021 motion following class certification.
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TELECOMMUNICATIONS
FCC Is Told It’s Neglecting Data On Minorities At Media Cos.
By Jared Foretek
A group of entertainment advocates is renewing its push for a Federal Communications Commission rule mandating diversity reporting from television and streaming companies.
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FCC Not Opening Civil Rights Office But Supporters Press On
By Christopher Cole
Advocacy groups have intensified pressure on the Federal Communications Commission to establish a civil rights office to enforce rules against discrimination in broadband deployment, but the FCC has said it has no current plans to create one.
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PERSONAL INJURY & MEDICAL MALPRACTICE
Doctor Found Evidence Of Abuse Of Maya By Mother
By Carolina Bolado
The pediatrician who led the child protection team for Pinellas County, Florida, testified Thursday that she found “very strong evidence” to support a conclusion that Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” was a victim of medical child abuse.
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IMMIGRATION
Family Separation Suit Against Feds Will Go To Trial
By Micah Danney
The U.S. government is not immune from allegations made by a group of migrant parents that being separated from their children at the southwest border amounted to intentional infliction of emotional distress and negligence, an Arizona federal judge has ruled.
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EXPERT ANALYSIS
Opinion
Justices Should Nix Section 230 Immunity For Tech
The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it’s long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.
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LEGAL INDUSTRY
Pillsbury, Stroock Call Off Merger Talk As ‘Not The Right Path’
By Lauren Berg
Pillsbury Winthrop Shaw Pittman LLP and Stroock & Stroock & Lavan LLP on Thursday confirmed they have ended talks regarding a potential merger of the two law firms, determining it “was not the right path.”
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Bar Exam Developer Delays End Of Current Test
By Tracey Read
The current bar exam and the replacement NextGen Bar Exam will now be offered concurrently for two full years.
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SEC’s Gensler Cautions Against Climate Rule Lawsuit
By Jessica Corso
U.S. Securities and Exchange Commission Chair Gary Gensler said Thursday that corporate America shouldn’t be too eager to sue the agency over its controversial climate change proposal, because overturning the rule in court could leave businesses with no other choice but to comply with the European Union’s potentially stricter sustainability standards.
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FTC’s Amazon Arguments Hostile To In-House Role, ACC Says
By Aaron West
The U.S. Federal Trade Commission’s targeting of certain interactions between Amazon officials and in-house counsel in the agency’s antitrust suit against the commerce giant reflects “a broader hostility” to the in-house attorney-client relationship, the Association of Corporate Counsel argued in a Thursday court filing.
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Bankman-Fried Evasive In Preview Of Jury Testimony
By Rachel Scharf
FTX founder Sam Bankman-Fried gave evasive and rambling answers to government questioning during a Thursday hearing to determine the scope of his upcoming trial testimony, previewing what’s likely to be a brutal cross-examination in front of a Manhattan federal jury.
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Texas, Hawaii And NJ District Judge Nominees Advance
By Courtney Bublé
The Senate Judiciary Committee advanced four judicial nominees on Thursday, including one who would be the only Native Hawaiian woman to serve as an Article III judge if confirmed, and held over two other nominees who came under fire from Republicans during their confirmation hearings.
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NY-NJ Port Authority Names In-House Atty As 1st Female GC
By Andrea Keckley
The Port Authority of New York and New Jersey said Thursday that it has chosen one of its in-house attorneys as general counsel, making her the first woman to hold the role in the agency’s 102-year history.
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Suspect In Maryland Judge’s Killing Found Dead, Sheriff Says
By Lauren Berg
The man wanted in the shooting death of Maryland Circuit Court Judge Andrew Wilkinson has been found dead, a county sheriff said Thursday.
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Dentist Hired Hit Men To Kill Florida Law Professor, Jury Told
By David Minsky
A dentist in Fort Lauderdale, Florida, paid two men to kill his sister’s ex-husband, a Florida law school professor who was locked in a bitter custody dispute and seen as a “big problem” because he wouldn’t relocate back to South Florida with his children, a state prosecutor told a jury Thursday.
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Kasowitz Can’t Represent Creditors In AmeriFirst Ch. 11
By Vince Sullivan
Kasowitz Benson Torres LLP can’t be retained as special litigation counsel for the unsecured creditors committee in the Chapter 11 case of mortgage lender AmeriFirst Financial after a Delaware judge ruled Thursday that the firm formerly represented the debtor in legal matters involving a creditor.
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DC Circ., Ethics Panel Deny Jeffrey Clark’s Bid To Halt Case
By Alison Knezevich
Former U.S. Department of Justice official Jeffrey Clark’s efforts to pause his Washington, D.C., attorney discipline case have hit roadblocks in two venues.
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Chapter 11 Filings Rose 40% Last Year Through September
By Hilary Russ
Chapter 11 filings shot up 40% over the last year as high interest rates and financial pressure in crypto, retail, real estate and other industries prompted more bankruptcy filings overall.
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Disbarred Atty Scored 6-Figure Jobs With Fake IDs, Feds Say
By Ryan Harroff
Disbarred Ohio attorney Richard Louis Crosby III was arrested Thursday for allegedly creating aliases and using licensed lawyers’ names to get jobs at three different law firms in Florida and Washington, D.C., while he was already facing charges for stealing client funds prior to his disbarment.
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4th Circ. Skeptical Atty Can Get Coverage In $13M Fraud Case
By Travis Bland
The Fourth Circuit voiced doubt Thursday that pending criminal charges are enough to trigger insurance coverage for an attorney indicted on allegations he fraudulently seized control of $13 million in Somalian government funds, with a judge suggesting the carrier’s agreement to cover costs related to a subpoena was “generous.”
