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Copyright & Trademark cases to watch in 2023

From Media & Entertainment Law360

TUESDAY, JANUARY 3, 2023

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Analysis

Copyright & Trademark Cases To Watch In 2023

By Tiffany Hu

The major intellectual property fights that the U.S. Supreme Court plans to weigh in on include two cases at the intersection of art and free speech — a copyright battle over Andy Warhol’s prints of the music icon Prince and a dispute involving a dog toy that parodies a Jack Daniel’s whiskey bottle. Here are the top copyright and trademark cases to look forward to in 2023:

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Analysis

Copyright & Trademark Policy To Watch in 2023

By Britain Eakin

Copyright and trademark attorneys this year will be keeping an eye on intellectual property agencies’ joint study on non-fungible tokens, developments involving artificial intelligence, as well as a Trademark Modernization Act provision that could speed up the trademark registration process. Here, Law360 looks at the top copyright and trademark policy issues to track in 2023.

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7 Supreme Court Cases To Watch In 2023

By Jimmy Hoover

The new year brings a host of hot-button cases for the U.S. Supreme Court justices, who will tackle everything from President Joe Biden’s student debt relief plan to Section 230 immunity for Big Tech companies over the next six months before the summer recess. Here, Law360 highlights the big-ticket items.

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Antitrust Conduct Issues And Cases To Watch In 2023

By Matthew Perlman

The Federal Trade Commission prepares to test the limits of its authority to combat unfair methods of competition in the coming year, as the U.S. Department of Justice and state enforcers continue pushing aggressive antitrust agendas alongside new proposed class actions from private parties.

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Privacy Litigation To Watch In 2023

By Allison Grande

The recent explosion of litigation accusing a wide range of companies of violating wiretap and video privacy laws through the technology they deploy on their websites will continue to proliferate in 2023, joining robocall and biometric privacy disputes that have long plagued businesses and also show no signs of abating.

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Privacy Legislation And Regulation To Watch In 2023

By Allison Grande

The new year kicks off with California and Virginia’s new privacy laws taking effect, and things will only ramp up from there, with privacy professionals keeping a close eye on long-standing efforts to enact a federal data privacy framework and the Federal Trade Commission’s increasingly aggressive approach to regulating data-handling practices.

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Analysis

​​​​​​​The Top Telecom Developments To Watch In 2023

By Christopher Cole

A full plate lies ahead for the Federal Communications Commission and the telecom sector in 2023 as they grapple with a number of key issues, including better securing telecom networks from foreign threats and allocating scarce spectrum resources.

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Analysis

5 Sports & Betting Cases To Watch In 2023

By David Steele

The sports and betting world will closely follow a pair of consolidated class actions in college athletics related to concussion liability and NIL rights, trademark infringement cases that could tilt the playing field across sports and gaming, and major cases involving the NFL and PGA Tour. Here, Law360 looks at the top sports and betting cases the legal world will be watching in the new year.

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Analysis

Consumer Protection Policy and Cases To Watch In 2023

By Allison Grande

The Federal Trade Commission’s ambitious consumer protection rulemaking and enforcement efforts will continue to command the spotlight in 2023 along with the Consumer Financial Protection Bureau’s challenge to a ruling that threatens to dismantle the agency’s work and a looming U.S. Supreme Court decision that could spell the end of a long-standing Big Tech liability shield. 

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Personal Injury And Med Mal Cases To Watch In 2023

By Y. Peter Kang

A U.S. Supreme Court case regarding the broad liability shield enjoyed by internet companies and another high court case that could decide whether private rights of action are still allowed under a federal nursing home law are among the cases injury and malpractice attorneys will be following in 2023.

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Fintech Litigation To Watch In 2023

By Hannah Albarazi

The breathtaking implosion and bankruptcy of cryptocurrency exchange FTX and the subsequent arrest of its founder showered negative attention on the largely unregulated digital asset space in 2022, prompting legal experts to forecast that more enforcement actions and bankruptcies would hit the crypto industry in 2023.

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Trials To Watch In 2023

By Cara Salvatore

The coming year is set to bring trials in high-profile corruption and kickback prosecutions, first bellwethers for two notable multidistrict cases, and an airing of securities fraud claims over Elon Musk’s Tesla tweets, among others.

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Florida Cases To Watch In 2023

By Carolina Bolado

From cryptocurrency exchange FTX investor lawsuits against celebrity promoters to abortion restrictions, Florida courts are expected to tackle a number of thorny issues in 2023, including a measure that could help defendants wield the anti-SLAPP statute more effectively and a bellwether trial on Lyft’s for its drivers’ use of its app.

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What To Watch For In Massachusetts Courts In 2023

By Chris Villani

As the calendar flips to 2023, Massachusetts attorneys are keeping a watchful eye on the enforcement front with a new state attorney general and a U.S. attorney’s office that has been relatively quiet in bringing new cases.

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Congress Clears Bill Protecting Low-Power TV Stations

By Christopher Cole

The U.S. House has approved a bipartisan bill allowing eligible low-power TV stations to apply for Class A licenses from the Federal Communications Commission to protect their allocation of the broadcast airwaves.

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Facebook, Users Ink $725M Deal To End Data Harvesting Row

By Allison Grande

Meta Platforms Inc. has agreed to pay a record $725 million to resolve multidistrict litigation stemming from Facebook’s involvement in the Cambridge Analytica data harvesting scandal, with class counsel asserting that the deal provides “unprecedented” benefits to millions of affected Facebook users.

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EXPERT ANALYSIS

5 Data Privacy Law Trends That Will Continue Into 2023

As companies develop their 2023 privacy and data security compliance priorities, they should look to five trends, such as regulator action on data breaches, a continued focus on dark patterns, and challenges in sending information from the EU to the U.S., says Liisa Thomas at Sheppard Mullin.

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What Will Keep Legal Talent Professionals Up At Night In 2023

Hybrid work environments, high demand for lateral hires and a potential slowdown of the economy defined 2022 in the always-busy marketplace for legal talent, and as BigLaw looks at the year ahead, there are five major sources of concern for the teams charged with securing and retaining that talent, say advisers at Baretz+Brunelle.

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LEGAL INDUSTRY

4 Worries For Managing Partners Heading Into 2023

By Xiumei Dong

Although the legal industry has fared well with pandemic-induced uncertainties over the past few years, worries about a global business slowdown and a looming recession have again sent law firm leaders back to the drawing board as they prepare for 2023.

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Analysis

Discrimination Cases Against Law Firms To Watch In 2023

By Anne Cullen

Jones Day, Davis Polk and Levi & Korsinsky are among the legal industry players embroiled in discrimination and harassment cases brought from within their ranks that will see major developments in the coming year. Here, Law360 looks at five ongoing employment suits against law firms worth keeping track of in 2023.

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Analysis

Legal Ethics Cases To Watch In 2023

By Andrew Strickler

The professional responsibility bar will benefit from a long winter’s nap as we head into a busy 2023. On deck is a slew of ethics cases for election “big lie” lawyers and a U.S. Supreme Court case addressing the attorney-client privilege. Here, Law360 looks at these and the other big legal ethics cases to watch in the coming year.

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Democrats Push To Keep Building Biden’s Judicial Record 

By James Arkin

Senate Democrats confirmed nearly 100 of President Joe Biden’s nominees to the federal courts in his first two years in office and will have some new advantages next year as they seek to build on that record.

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Election Litigation Set To Continue Record Pace In 2023

By Ryan Boysen

Next year will continue to see a torrent of election litigation, with landmark cases in the U.S. Supreme Court, ongoing redistricting fights and dozens of voting lawsuits that will shape the 2024 election and beyond.

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Courts Experienced A Decrease In Case Filings In 2022

By Katie Buehler

Federal courts around the country docketed fewer cases in fiscal year 2022 compared to previous years, according to a year-end report issued Saturday by U.S. Supreme Court Chief Justice John Roberts that focused on data but was silent on the hot-button topic of high court ethics issues.

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5 Compliance Trends To Watch In 2023

By Sarah Jarvis

Compliance personnel should be cautious heading into 2023, as they grapple with updated corporate enforcement policies from the U.S. Department of Justice against a backdrop of ongoing international tension, a focus on environmental, social and governance standards, and the possibility of an economic downturn.

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Analysis

Patent Litigation Trends To Watch In 2023

By Ryan Davis

The continuing fallout from a decision that changed how patent cases are assigned to Western District of Texas judges, and a Delaware judge’s investigation into the funding and ownership of patent plaintiffs are set to continue commanding the patent world’s attention in 2023.

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California Cases To Watch In 2023

By Dorothy Atkins

In the coming year, California legal experts will keep a close eye on ex-technology executives’ white collar appeals, lawsuits tied to the now-defunct law firm Girardi Keese, Golden State litigation over the collapse of cryptocurrency exchange FTX, and precedent-setting appeals clarifying the arbitrability of Private Attorneys General Act claims.

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END

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