A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."
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TOP NEWS

'I Just Don't Buy It': Judge Rips Google's Injunction Argument

By Dorothy Atkins

A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."

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House Panel Moves Data Privacy Bill, While Vowing Revisions

By Allison Grande

A U.S. House of Representatives subcommittee on Thursday advanced a bipartisan proposal to create a nationwide framework for how companies use and share consumers' personal information, despite lawmakers on both sides of the aisle acknowledging that more work needs to be done to further refine the measure.

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House Passes Bill To Block Fed-Issued Digital Dollar

By Aislinn Keely

The U.S. House of Representatives on Thursday passed a bill that would prohibit the Federal Reserve from issuing a digital dollar in a vote that fell starkly along party lines, with Democrats decrying the bill as fearmongering over privacy concerns and a departure from the previous day's bipartisan passage of a regulatory framework for digital assets.

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TikTok, YouTube Must Produce European Privacy Data In MDL

By Dorothy Atkins

A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.

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Analysis

DOJ Has A Long Set To Play Against Live Nation-Ticketmaster

By Bryan Koenig

The U.S. Department of Justice antitrust lawsuit announced Thursday against Live Nation and Ticketmaster's dominance over performing artists, venues and tickets may have been 14 years in the making, but it still has a long road ahead in New York federal court.

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Latham, Cravath Rep Live Nation In DOJ Ticketmaster Battle

By Hannah Albarazi

In the battle against the U.S. Department of Justice's push to break up Live Nation and Ticketmaster, the concert promotion and ticketing company has called upon a team of attorneys at Cravath Swaine & Moore and Latham & Watkins to go up against a large roster of highly experienced government antitrust attorneys.

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DOJ Sues Live Nation 14 Years After Ticketmaster Deal

By Bryan Koenig

The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.

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GSK, Boehringer Prevail In 1st Zantac Cancer Trial

By Celeste Bott

A Chicago jury found Thursday that Zantac heartburn medication and its generic counterparts sold by GlaxoSmithKline and Boehringer Ingelheim are not responsible for an Illinois woman's colon cancer and her subsequent, debilitating symptoms, handing the drug companies a decisive victory in the first of hundreds of such cases to go to trial.

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Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

By Jeff Overley

It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

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Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

By Nadia Dreid

Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

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Irma Power Outage Claims Must Be Brought To Fla. Regulator

By David Minsky

A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.

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POLICY & REGULATION

FTC Blasts Amazon's 'Unbelievable' Claims About Signal Use

By Hailey Konnath

The Federal Trade Commission on Thursday again pressed a Washington federal court to force Amazon to hand over documents regarding the company's communication preservation practices, calling Amazon's claims that executives never used the encrypted app Signal to discuss business practices relevant to the antitrust fight "unbelievable."

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High Court Urged To Rule On FCC Question In TCPA Dispute

By Jared Foretek

A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.

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AT&T Stands To Gain Billions From 4.9 GHz, Report Says

By Jared Foretek

A group representing Verizon and T-Mobile is renewing its effort to stop AT&T-affiliate FirstNet from gaining further control of the 4.9 gigahertz public safety band, this time arguing that AT&T stands to gain over $3 billion worth of spectrum if the Federal Communications Commission extends FirstNet's authority.

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SEC Opens Gate To Ether ETFs, But Firms Await Green Light

By Aislinn Keely

The U.S. Securities and Exchange Commission started the process of bringing exchange-traded funds holding the cryptocurrency ether to market on Thursday when it approved a series of filings permitting national securities exchanges to list the products, leaving firms to wait for the next step before trading can begin.

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House Members Approve Closing Delta-8 Hemp 'Loophole'

By Sam Reisman

A U.S. House of Representatives committee on Thursday approved a major change to the statutory definition of hemp and hemp products — which would effectively rewrite national hemp policy if it became law — in the next version of the federal Farm Bill.

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Analysis

CFPB's 1st Try At BNPL Regulation Could Set Stage For More

By Jon Hill

The Consumer Financial Protection Bureau's new guidance that treats buy-now, pay-later firms more like credit card companies is drawing industry grumbles about "apples to oranges" comparisons, but consumer advocates say that applying additional credit card-esque rules would be the cherry on top.

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FCC Defends Nielsen Data In Low-Power TV Licensing Suit

By Ayden Crosby

The Federal Communications Commission is defending its use of Nielsen statistics to determine if a low-power TV station should receive protections provided under a 2022 law aimed at safeguarding local and rural broadcasting.

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ENFORCEMENT

Man Behind NH Primary Deepfake Faces Charges, FCC Fines

By Christopher Cole

The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.

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Feds Nab Pair In $2M Sports, Pokémon Trading Card Scam

By Elliot Weld

Two Washington state men were charged Thursday in New York federal court with running a $2 million scheme to defraud buyers of sports and Pokémon trading cards by claiming low- or mid-grade cards were authentic and highly rated.

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FCC Aims To Reduce Risk From China-Controlled Test Labs

By Christopher Cole

The Federal Communications Commission pushed Thursday for new rules to prevent foreign adversaries, mainly the Chinese Communist Party, from playing a role in testing and certifying communications equipment in the U.S. market.

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LITIGATION

NFL Says Unsolicited-Text Suit Belongs In Arbitration

By Elaine Briseño

The NFL wants to force into arbitration a lawsuit filed by a New York woman frustrated with her inability to stop unwanted text messages from the football organization, citing a binding agreement she consented to when registering to receive notifications about the 2023 draft.

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NC Top Court Finds Credit Union's Arbitration Add-On Is Valid

By Katryna Perera

The North Carolina Supreme Court on Thursday said a credit union can enforce an arbitration clause tacked on to a customer's contract at a later date, confirming a ruling by a lower appellate panel and requiring the customer suing the nonprofit over allegedly illegal overdraft fees to arbitrate her claims.

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Kratom Cos. Failed To Warn Man About Risks, Colo. Suit Says

By Sam Reisman

The parents of a deceased Colorado man allege that four companies that sell kratom are liable for their son's death because of their failure to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.

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Bungie Cheat Code Sellers Dinged At Trial For Deleting Docs

By Rachel Riley

A Seattle federal judge overseeing a trial of Bungie's copyright claims against a group of cheat code sellers instructed jurors Thursday that the defendants intentionally destroyed evidence by deleting records they had a duty to preserve once they were aware of the game studio's claims.

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EXPERT ANALYSIS

CFPB Poised To Up The Ante After Supreme Court Victory

When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.

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Compliance Considerations For New Data Protection Law

Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

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FTC Noncompete Rule Risks A Wave Of State AG Actions

The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

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The State Of Play In DEI And ESG 1 Year After Harvard Ruling

Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

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How To Use Exhibits Strategically Throughout Your Case

Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Acosta & Associates

Armas Bertran Pieri

Baker McKenzie

Boies Schiller

Burnham & Gorokhov

C.A. Goldberg PLLC

Caldwell Carlson

Clark Hill

Clifford Chance

Clyde & Co

Cohen & Malad

Cooley LLP

Covington & Burling

Cranfill Sumner

Cravath Swaine

Crowell & Moring

DWF LLP

Dapeer Law

Davidoff Hutcher

Davis Polk

Dechert LLP

Dorsey & Whitney

Duane Morris

Elsberg Baker

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Gateley PLC

Gibbs Law Group

Goldman Ismail

Greenberg Traurig

Gupta Wessler

Hamlins LLP

Harris St. Laurent

Hausfeld LLP

Haynes & Boone

Heise Suarez

Hill Dickinson

Hintze Law

Hiraldo PA

Hogan Lovells

Holland & Knight

Horwich Farrelly

Howes Percival

Hudson Cook

JMW Solicitors LLP

Jones Day

K&L Gates

Kasowitz Benson

KaurMaxwell

Keller Postman

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lieff Cabraser

Marino Tortorella

McDonald & MacGregor

McElroy Deutsch

McGlinchey Stafford

McKool Smith

Michael Best & Friedrich LLP

Morgan Lewis

Morrison Foerster

Munger Tolles

Pallas Partners

Paul Hastings

Paul Weiss

Penningtons Manches

Perkins Coie

Poole Huffman

Potter Clarkson

Pryor Cashman

Reed Smith

Robbins Geller

Rosen Hagood

Saporito Falcone

Shutts & Bowen

Skadden Arps

Smith Gambrell

Spencer Fane

Squire Patton

Troutman Pepper

Welsh & Recker

Wilkin Chapman

Williams & Connolly

Wilson Sonsini

Winston & Strawn

Withersworldwide

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Allergan PLC

Amazon.com Inc.

American Economic Liberties Project

American Hotel & Lodging Association

Amgen Inc.

Apple Inc.

Association of National Advertisers Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bank of America Corp.

Bayerische Motoren Werke AG

BlackRock Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Booz Allen Hamilton Holding Corp.

British Broadcasting Corp.

ByteDance Ltd.

CVS Health Corp.

Center for Democracy & Technology

Chevron Corp.

Coinbase Global Inc.

Community Financial Corp.

Corteva Inc.

Cox Communications Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

DuPont de Nemours Inc.

Duke Energy Corp.

EMCOR Group Inc.

Electronic Arts Inc.

Electronic Frontier Foundation

Emerson Electric Co.

Epic Games Inc.

Ethereum GmbH

Ferrari SpA

Florida Power & Light Co.

Ford Motor Co.

Fordham University

Franklin Resources Inc.

Glencore PLC

Google LLC

HSBC Holdings PLC

Horizon Therapeutics PLC

Icertis Inc.

Illumina Inc.

Integrys Energy Group Inc.

Invesco Ltd.

JetBlue Airways Corp.

Jubilee Holdings Ltd.

LifeWallet

LinkedIn Corp.

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

McKesson Corp.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

MilliporeSigma

Mondelez International Inc.

NASDAQ Inc.

NBCUniversal Media LLC

NFL Enterprises LLC

National Collegiate Athletic Association

National Consumer Law Center Inc.

National Retail Federation Inc.

Norfolk Southern Corp.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Penguin Random House LLC

PetroChina Company Limited

Pfizer Inc.

QBE Insurance Group Ltd.

Roblox Corp.

Ryan LLC

Sanofi

Simon & Schuster Inc.

Smart Approaches to Marijuana

Snap Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

Spirit Airlines Inc.

Spotify Technology SA

StubHub Inc.

Swissport International Ltd.

T-Mobile US Inc.

Tampa Electric Co.

Tesla Inc.

The Brattle Group Inc.

The District of Columbia Bar

The New York Times Co.

TikTok Inc.

U.S. Chamber of Commerce

University of Virginia

Walmart Inc.

Wells Fargo & Co.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Companies House

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Florida Public Service Commission

Food and Drug Administration

International Monetary Fund

National Labor Relations Board

New York State Assembly

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Office of Personnel Management

U.S. Securities and Exchange Commission

U.S. Supreme Court