K&C Sports & Entertainment Law Weekly Roundup - August 2024 #3

Sports:

• The cofounders of FanDuel are stepping up their efforts to recoup lost equity from the company’s 2018 acquisition by European bookmaker Paddy Power Betfair, which later rebranded to Flutter Entertainment. FanDuel Founders Expand Lawsuit Against Board Members Who Sold Company – Front Office Sports

• The Court of Arbitration for Sport has now released its decision stripping U.S. gymnast Jordan Chiles of her bronze medal in favor of a Romanian gymnast, though questions about a potential conflict involving tribunal president Hamid Gharavi have put the sports court on the defensive. Conflict Questions Haunt Chiles’ Bronze Medal Case – Law360

NCAA

• Notre Dame has suspended its men’s swimming program for at least one year after internal and external probes revealed a gambling issue that violated NCAA rules, per Sports Illustrated‘s Pat Forde. Report: Notre Dame Men’s Swimming Suspended At Least 1 Year After Gambling Probe – Bleacher Report

NFL

• The San Francisco 49ers must face a proposed class action alleging the team failed to protect the personal information of more than 20,000 current and former employees that was exposed in a 2022 data breach. San Francisco 49ers Employees Advance Suit Over 2022 Data Breach – Bloomberg

MLB

• The Washington Nationals Baseball Club LLC and a former Christian scout, who was fired for not getting vaccinated against Covid-19, have agreed to dismiss the scout’s retaliation suit. Washington Nationals, Former Scout End Suit Over Covid Vaccine – Bloomberg

NBA

• Shaquille O’Neal will have to defend himself against some of the allegations in a class action lawsuit against him concerning the promotions he did for the Astrals NFT project. Shaquille O’Neal Will Have to Defend Some of the Allegations Against Him in the Astrals NFT Lawsuit – YahooFinance
• The New Orleans Pelicans sued the marketing arm of Westgate Resorts in Louisiana federal court Friday, alleging the company illegally backed out of a three-year sponsorship deal after just one year. Pelicans Sue Westgate For Bailing On Sponsorship Deal – Law360

PGA Tour

• A former PGA Tour employee urged a Florida federal judge to keep his discrimination suit alive, saying Tuesday that not only did the organization refuse to honor his religious objection to COVID-19 vaccine protocols, it fired him for it. Ex-PGA Tour Employee Pushes For Vaccine Suit To Proceed – Law360

Entertainment:

MUSIC

• In an unanticipated turn of events, a woman has been charged in MO federal court with attempting a wild scheme to defraud the Presley family by auctioning the late singer’s iconic Graceland estate and pocketing the proceeds, a plot that was only foiled when suspicious minds raised red flags. Woman charged in alleged scheme to steal Graceland from Presley family (bbc.com)
• Isaac Hayes’ family threatened to sue former president Donald Trump for using the 1966 hit “Hold On (I’m Coming),” cowritten by the soul music legend, at rallies for his campaign without permission. Isaac Hayes III Explains Why He’s Threatening Trump Over Copyright (hollywoodreporter.com)
• Cox Communications Inc. asked SCOTUS to review its liability for not terminating users who pirated music, arguing in a petition that the finding “threatens mass evictions from the internet.” Cox asks US Supreme Court to overturn piracy ruling for major labels | Reuters
• Artificial intelligence company Anthropic has asked a CA federal court to toss the bulk of a copyright suit from several music publishers that allege their song lyrics were ripped off to train Anthropic’s chatbot Claude, arguing among other things that the plaintiffs have not shown any infringing acts by Claude users. Anthropic asks court to dismiss music publishers’ AI claims | Reuters
• A TN federal judge granted summary judgment to Spotify in a copyright infringement lawsuit brought by Eminem‘s music publisher, with the judge chiding the music publisher for using a “wait-and-sue strategy” to increase the potential damages owed by the music-streaming behemoth. CMU Digest: Cox takes major label dispute to Supreme Court + court dismisses Eminem publisher’s Spotify lawsuit (completemusicupdate.com)

FILM & TELEVISION

• The makers of the movie Gemini Man won dismissal of a federal lawsuit brought by a science fiction author who alleged the film copied his book. ‘Gemini Man’ Film Copyright Suit Nixed Over Lack Of Registration (bloomberglaw.com)
• A CA federal judge refused to toss a freelance scriptwriter’s lawsuit accusing CBS of repeatedly denying him a staff writer position for being a “white, heterosexual male,” but said the suit could be resolved without a hearing. ‘SEAL Team’ Writer Discrimination Lawsuit Moves Forward (deadline.com)
• Sports streaming service Fubo has convinced a NY federal court to block ESPN, Fox and Warner Bros. Discovery from launching their “sports-first streaming business” while it challenges the joint venture as an anticompetitive attempt to knock it out of the market. Judge blocks plans for sports joint streaming venture among Fox, ESPN and Warner Brothers | AP News

MEANWHILE, IN HOLLYWOOD…

• The former personal assistant for actor Matthew Perry and two doctors have been criminally charged in connection with his death last year from an overdose of ketamine, according to a criminal complaint unsealed in CA federal court. Matthew Perry Death: Doctors, Assistant Arrested in Drug Investigation (variety.com)
• Ye, the musical artist formerly known as Kanye West, was hit with a $1.5 million copyright infringement suit by two celebrity photography companies that claimed he posted at least 10 of their photos to his Instagram account and his Yeezy website without permission. Kanye West Faces $1.5M Copyright Suit Over Unauthorized Photo Use – USA Herald
• After weeks away from court, jurors weighing racketeering charges against Atlanta rapper Young Thug and his alleged Young Slime Life gang were instructed “not to concern yourselves” with the switch to a new judge and to “disregard” any “disparaging” comments made by the jurist who previously presided over the marathon trial. Young Thug racketeering and gang trial resumes with new judge presiding | AP News
• A judge has ruled that Backstreet Boy Nick Carter can’t countersue one rape accuser for defamation, but the singer is still suing another. Judge rules in favor of two Nick Carter rape accusers (ew.com)
• Chrissy Teigen and a NY photographer have settled their copyright infringement dispute over a photo the model and TV personality posted on Instagram. Chrissy Teigen, Photographer End Instagram Photo Copyright Suit (bloomberglaw.com)
• Music executive Antonio “L.A.” Reid can’t toss false imprisonment and emotional distress claims in a lawsuit accusing him of sexual assault brought under the New York Adult Survivors Act, after a federal judge rejected his argument that the claims are untimely because the act revives claims stemming from the alleged assault. Music Exec L.A. Reid Can’t Trim Producer’s Sex Assault Suit – Law360