K&C Sports & Entertainment Law Weekly Roundup (January 9, 2024)

Sports:

• A third attorney team representing World Wrestling Entertainment Inc. stockholders has signaled a tag-in for a widening Delaware Court of Chancery rumble with founder Vincent McMahon and top company officials and directors over WWE’s allegedly rushed dive into a merger that created TKO Group Holdings Inc. World Wrestling Entertainment Sued Again In Delaware – Law360
• The S. Supreme Court on Monday opted not to consider whether an arbitration clause that tasks arbitrators with determining their own jurisdiction can be negated by a carveout, leaving in place a Ninth Circuit decision denying arbitration in a regulatory dispute over a Saipan casino. BREAKING: Justices Reject Saipan Casino Arbitration Case – Law360
• A sporting goods retailer wants the Sixth Circuit to immediately review a decision to allow an Ohio worker to proceed with state wage claims on behalf of a proposed class rather than a proposed action, arguing that opt-in rules were more than mere procedural requirements. Retailer Wants 6th Circ. Review Of Ohio Collective Rules – Law360

NFL

• Former Miami Dolphins head coach Brian Flores and two other former NFL coaches lost their bid to have the Second Circuit hear an appeal of a lower court’s order to compel arbitration of portions of their racial discrimination lawsuit, after a New York federal judge rejected the request. NFL Coaches Lose Bid To Take Arbitration Ruling To 2nd Circ. – Law360
• A federal district court judge on Thursday agreed to dismiss the National Congress of American Indians from litigation brought by a Native American activist group while keeping the $1.6 million defamation and civil conspiracy bid against Washington Commanders’ owner Josh Harris and premium sales manager Matthew Laux in play. Native Group Dismissed From NFL Conspiracy Litigation – Law360
• A consumer is looking to lead a new class action accusing the NFL and its 32 teams of colluding with online sports merchandise retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise after the court sent a similar suit to arbitration last year. Charles Franz lodged the suit in the Southern District of New York on Dec. 29, along with a notice saying the claims are related to a prior case in the same district that U.S. District Judge Andrew L. Carter put on hold in July when he granted a motion to compel arbitration. NFL, Fanatics Hit With New Antitrust Suit – Law360

NBA

• The Eleventh Circuit has affirmed that a tenant who successfully defended against fraudulent copyright claims leveled by her landlord, a part owner of the Miami Heat basketball team, was too late in filing a malpractice claim against her legal counsel in the matter, whom she accused of misleading her into signing, then breaching a bad contract. 11th Circ. Affirms Retainer Malpractice Suit Came Too Late – Law360
• A National Basketball Association newsletter subscriber is pressing the Second Circuit to revive a proposed class action accusing the organization of unlawfully sharing personal information of its online video viewers with Meta, arguing that Congress meant for the federal privacy law at the center of the dispute to extend to such website visitors. NBA Website User Urges 2nd Circ. To Save Video Privacy Row – Law360

NHL

• The Seattle Kraken has been slapped with a trademark lawsuit in Washington federal court accusing the National Hockey League team’s owner of flooding the retail market with jerseys and other apparel sporting the “S” logo of a historic Emerald City hockey team. NHL Seattle Kraken Owner Stole Historic ‘S’ Logo, Suit Says – Law360
• The bankrupt owner of Bally Sports-branded regional sports networks received approval Wednesday for a new television broadcast deal with the NHL and 12 of its teams that cements game coverage contracts through the end of the current season. Bally Sports Parent Gets New NHL Deal Approved In Ch. 11 – Law360

GOLF

• A Florida federal judge ordered professional golfer Patrick Reed to pay attorney fees to several media organizations and journalists on Friday following the dismissal of two defamation suits over statements critical of his defection from the PGA Tour to the Saudi-backed LIV Golf, in addition to denying his requests for reconsideration and recusal. Pro Golfer Has To Pay Atty Fees After Defamation Suits Axed – Law360

Entertainment:

MUSIC & RADIO

• Broadcast Music, Inc., a music licensor, asked the 2^nd Circuit to uphold higher royalty payments from the North American Concert Promoters Association decided on by an NY court, saying the lower court was right to consider licenses with parties not subject to consent decrees as benchmarks. Music Licensor Asks 2nd Circ. To Affirm Royalty Rate Win – Law360
• An IL federal judge gave French Montana a win in a copyright lawsuit brought by a young musician who alleged the rapper sampled his song to make his hit single “Ain’t Worried About Nothin’,” but noted the win was merely “technical” and not “a substantive victory” for the rap star. Young Artist Wins Nothin’ In French Montana IP Suit Loss – Law360
• Radio broadcaster Audacy Inc. hit Chapter 11 to the tune of $2 billion in liabilities, citing a decline in advertising revenue and plans to slash 80% of its obligations under a reorganization process expected to get a judge’s blessing next month. Radio Broadcaster Audacy Hits Ch. 11 With $2B Debt – Law360

TV & FILM

• A slew of previously copyrighted material entered the public domain on Jan. 1, including Steamboat Willie, Tigger, and Peter Pan. Mickey Mouse’s first 24 hours in the public domain: slasher flicks, horror games and NFTs | Walt Disney Company | The Guardian
• A group of Regal Cinema employees are again urging a federal judge to not toss their proposed class action alleging the movie theater chain violated their rights under IL’s biometric privacy law, arguing the company makes arguments in its renewed dismissal bid that have been “consistently rejected by every federal court to consider them.” Regal Employees Try To Save Ill. Biometric Law Suit – Law360
• A Love Is Blind contestant who claims she was matched with a violent and drug-addicted “walking red flag” on the unscripted show hit Netflix and the program’s production company with a lawsuit in CA on Tuesday, saying she is being sued for millions after speaking publicly about her “horrifying experience.” ‘Love Is Blind’ Contestant Sues Netflix Over ‘Red Flag’ Match – Law360

ARTIFICIAL INTELLIGENCE

• The copyright infringement complaint The New York Times filed against Microsoft and OpenAI alleging that the companies ripped off millions of its articles to train ChatGPT came after the newspaper tried for months to negotiate a licensing agreement, according to the suit. What To Know About The NYT Suit Against Microsoft, OpenAI – Law360
• Two journalists who have written several nonfiction books slapped Microsoft and OpenAI with a proposed class action, claiming their copyrighted works were unlawfully used to train versions of the large language model ChatGPT. Microsoft, OpenAI Face New AI Copyright Suit From 2 Writers – Law360

MEANWHILE, IN HOLLYWOOD…

• Paula Abdul has lodged a sexual battery suit in CA state court against Nigel Lythgoe, the executive producer behind the popular competition-based TV series American Idol and So You Think You Can Dance, alleging he harassed and assaulted her when she was a judge for both shows. Paula Abdul Accuses Ex-‘American Idol’ Producer Of Assault – Law360
• A woman who served in the U.S. Air Force is suing rapper T.I. and his wife, Tiny, in CA state court, alleging they drugged her at an LA club and brought her back to their hotel room to sexually assault her. Air Force Veteran Accuses T.I., Wife Of Sexual Assault – Law360
• Disney urged a CA federal judge to toss a lawsuit from an executive who contends her job offer was withdrawn after the company squabbled with the state of FL over a law, saying the would-be corporate affairs chief isn’t entitled to the hefty severance package she’s seeking. Disney Says Exec Who Wasn’t Hired Angling For ‘Windfall’ – Law360
• YouTuber Logan Paul filed crossclaims in TX federal court against two of his co-defendants in a proposed class action, alleging they orchestrated a cryptocurrency “rug pull,” and saying the shortcomings of the CryptoZoo gaming project are not his fault because he was duped by the two “con artists.” Logan Paul Sues ‘Con Artist’ Co-Defendants In NFT Fraud Suit – Law360
• Disney did nothing to stop a pattern of harassment from a male executive who eventually drugged and sexually abused a female colleague, she told a CA state court. Disney Let Exec’s Sex Harassment Run Rampant, Court Told – Law360