Author: Kristy Werness

Record Labels Sue Generative AI Companies for Copyright Infringement

Spearheaded by the Recording Industry Association of America, this is the first time the record labels have sued AI companies alleging copyright infringement of their sound recordings.

As the complaints describe, “AI companies, like all other enterprises, must abide by the laws that protect human creativity and ingenuity. There is nothing that exempts AI technology from copyright law or that excuses AI companies from playing by the rules. These lawsuits seek to enforce these basic principles.”

The suits are UMG Recordings, Inc. et al. v. Uncharted Labs, dba Udio, et al. (1:24-cv-04777, U.S. District Court for the Southern District of New York) and UMG Recordings, Inc. et al. v. Suno, Inc. et al. (1:24-cv-11611, U.S. District Court for the District of Massachusetts).

The Hueston Hennigan team includes Moez Kaba, Robert Klieger, Mariah Rivera and Alexander Perry.

The suits have been widely covered in the press, appearing in outlets including Law.com, Law360, the Verge, Variety, Forbes, Wall Street Journal, Rolling Stone, Wired and the BBC, among others.

Chambers Recognizes Hueston Hennigan as Leading Firm and John Hueston with National Outstanding Contribution Award

Mr. Hueston was recognized for being at the pinnacle of his practice due to recent victories and exceptional client service. During the award ceremony, Chambers praised Mr. Hueston as “one of the nation’s leading trial lawyers” who “built a reputation as the person to have on speed dial for when it really matters.” Chambers also underscored that, in a crowded market for litigation boutiques, he was able to build his “firm into one of the nation’s leading choices for bet-the-company litigation.” Past recipients include attorneys such as Seth Waxman, Debra Wong Yang and Mary Jo White.

In the Chambers USA 2024 guide, Hueston Hennigan garnered top rankings in both General Commercial Litigation (Band 1) and White Collar Crime and Government Investigations Litigation (Band 1), with clients praising its “incredibly deep and broad bench” and “incredibly effective team” that is “acutely focused on optimizing outcomes.” Clients and market sources also lauded the firm’s “outstanding” and “phenomenal” quality of client service and representation. The firm was also ranked nationally in Corporate Crime and Investigations.

In addition, eight Hueston Hennigan lawyers—close to half of the firm’s partnership—were ranked:

Mr. Hueston earned Chambers’ highest ranking in three categories. He was ranked as a Star Individual in the Trial Lawyers (Nationwide), General Commercial Litigation (California), and White Collar Crime and Government Investigations Litigation (California) ranking tables. Mr. Hueston was described as “unparalleled,” “one of the top trial lawyers in the country” and “the full package of tactician, trial lawyer and human being.” Clients stated that he “is tried and tested,” has “a steel-trap mind and is incredibly quick in analyzing cases and scenarios,” and “is a gifted trial lawyer” whose “mind is several steps ahead of other people.” Mr. Hueston “is a brilliant trial lawyer and a great tactician who you can rely on for your most significant matters.”

Moez Kaba was recognized by Chambers in multiple categories, including Band 1 in General Commercial Litigation (California), in addition to being ranked among the top Trial Lawyers (Nationwide). With multiple clients raving about his trial skills, he was described as a “master in the courtroom” and “one of the best young trial lawyers” in the country. Clients praised his “blistering cross-examination” abilities, with Chambers describing him as “an incredibly strong trial lawyer and effective cross-examiner” who “is excellent on his feet” with “outstanding instincts.” Other market sources stated his “trial skills are paramount,” and he is “unbelievably articulate and well prepared” and “so bright and intellectually curious.”

Douglas Dixon was once again recognized as a top lawyer in General Commercial Litigation (California). Clients and market sources praised him as “a phenomenal courtroom lawyer” whose “analysis is sharp and sound.” Another source stated, “he plays so well in a boardroom and with a judge, because he is thoughtful.”

Vicki Chou was recognized among the top lawyers in White Collar Crime and Government Investigations Litigation (California), with clients stating she is “a truly great defense lawyer” who is “just incredible.” She was also described as “thorough,” “really great to work with” and “very smart, savvy and sharp.” Another source raved, “her ability to master the case and to manage her team was extremely impressive and she is a highly capable advocate.”

Marshall Camp garnered recognition in the White Collar Crime and Government Investigations Litigation (California) rankings, an elite group of exceptional and tested litigators. He was lauded as “a smart, savvy litigator” who “gets great results because he is always thinking like a trial lawyer.”

Brian Hennigan was also ranked in White Collar Crime and Government Investigations Litigation (California). A market source commented, “he has tried so many cases and has advised so many boards that he is a really eminent person in this space. There are not many courtrooms where he wouldn’t be well known.”

Robert Klieger was ranked in Media and Entertainment Litigation (California). Market sources described him as a “brilliant” lawyer whose “level of sophistication is very strong.”

Joseph Reiter made his debut on the Chambers rankings, as a rising star in General Commercial Litigation (California). Recognizing his extensive lineup of trials, clients described him as an impressive young trial lawyer.

Chambers and Partners is the leading independent professional legal research company operating across 200 jurisdictions. Rankings are determined by an in-depth research methodology involving detailed interviews with market sources and clients, as well as analysis of capabilities, achievement and sector presence.

 

Hueston and Kaba Named BTI Client Service All-Stars

BTI Client Service All-Stars are attorneys identified by top legal decision-makers as delivering the absolute best client service. The report is the only independently researched, client-driven ranking of attorney client service.

The BTI Client Service All-Stars report is based solely on unprompted, confidential feedback from clients. BTI Consulting Group conducted more than 300 independent, individual interviews with chief legal officers and general counsel at Fortune 1000 companies and large organizations. No law firm submissions, self or firm referrals, or suggestions are accepted for inclusion.

Go here for Mr. Hueston’s profile and here for Mr. Kaba’s.

Hueston Hennigan Selected for Hawaii Governor’s Climate Advisory Team

Under the leadership of Governor Green, the committee will play a crucial role in drafting comprehensive climate-resilience policy, drawing from diverse perspectives including Governor Green’s administration, climate science experts, business and financial experts, and legal professionals.

As one of its first projects, the committee will recommend steps to create a durable fund to mitigate the impacts of dynamic climate change and to develop a fair and comprehensive structure to resolve claims related to future disasters. This is necessary to stabilize the insurance market and defray the financial burdens arising from the increased impacts of climate change.

The Hueston Hennigan team includes Michael Purpura, Rajan Trehan, Stephanie Xiao, Emerson Bursis and Erik Savitt.

Hueston Hennigan represents many companies and other interested parties in wildfire litigation across the Western U.S. This includes representing the State of Hawaii and advising the Governor and Attorney General concerning the state’s responsibilities in the wake of the 2023 Maui fire, one of the largest natural disasters in the state’s history.

For additional information on the committee, please see the Governor’s press release and slide deck.

 

 

Chambers USA Joins Benchmark in Recognition of Hueston Hennigan as a 2024 Commercial Litigation Law Firm of the Year

According to Chambers USA, “These award nominations and the ultimate winners are the product of countless interviews and extensive research by our dedicated team of over 200 research analysts. To be ranked, and then to be shortlisted, for an award indicates that the firm and its members are at the top of the profession.”

Winners will be notified at a virtual ceremony on Thursday, June 13. Register here.

Hueston Hennigan Wins U.S. Commercial Firm of the Year with “High-Impact Heavy Trial Wins”

At the awards ceremony in New York City, Benchmark Litigation Managing Editor, Michael Rafalowich commended Hueston Hennigan for a multi-year record of “high-impact heavy trial wins … to amplify its already national presence.”

The Benchmark Litigation awards recognizes “the country’s most distinguished litigators and their firms for their exemplary work over the past twelve months. After months of peer review-based research and submission reviews, the Benchmark team set out to uncover the most impactful cases, the lawyers and law firms behind them, and the litigators who have paved the way.”

Chou Becomes Fellow of the American College of Trial Lawyers

Ms. Chou’s induction makes her the third ACTL Fellow at Hueston Hennigan LLP.

“I’m honored to be included amongst such an elite group of trial lawyers and look forward to supporting the College’s mission,” said Vicki Chou.

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada, and Puerto Rico. According to the College, fellowship “is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.”

Described by Benchmark Litigation as one of the “brightest litigators across the U.S.” and Chambers as “incredibly smart” and “tenacious, engaging and hard charging,” Ms. Chou is an accomplished trial lawyer and a key member of both the Trial Practice and the White Collar and Investigations teams. She is also a former Assistant United States Attorney in the Central District of California where she was a Deputy Chief, representing the United States in hundreds of criminal cases.

Kelly Toys, Maker of Squishmallows Files IP Suit Against Build-a-Bear Workshop

As explained in the complaint: “Squishmallows have become a phenomenon, rapidly experiencing breakaway success and quickly turning into a coveted collectors’ item with an avid fanbase. Indeed, in 2023 Squishmallows was the top-selling toy in the country. Rather than competing fairly in the marketplace by creating its own unique concepts and product lines, Defendant Build-A-Bear, a company worth over 300 million dollars, decided that it would be easier to simply copy, imitate, and profit off the popularity and goodwill of Squishmallows, all in the hopes of confusing consumers into buying its products instead of Squishmallows.”

Lead Counsel Moez Kaba as quoted in Reuters:
“When it comes to intellectual property rights, imitation is not the sincerest form of flattery. Build-a-Bear cannot freeride on Kelly Toys’ extensive investments and creativity in the wildly successful Squishmallows products.”

Partner Sourabh Mishra as quoted in the Daily Journal:
“Squishmallows have skyrocketed to fame, appealing to consumers of all ages and backgrounds. Rather than create its own unique product, Build-A-Bear released copycat products that infringe the trade dress that consumers throughout the country associate with Squishmallows.”

Media Coverage
The New York Times
Associate Press
Reuters
BBC
Law360
The Recorder
Daily Journal
New York Post
The Guardian
The Telegraph
BusinessMatters

Court SLAPPs Down Byron Allen’s Suit Claiming Fraud and Racism by McDonald’s

Allen sued McDonald’s in California state court in 2023, after McDonald’s announced its goal to increase spending with diverse-owned media companies, production houses, and content creators. Allen’s suit claimed that McDonald’s goal was an enforceable promise and that McDonald’s had engaged in fraud by failing to spend at least $50 million per year with his companies. The Court granted McDonald’s special anti-SLAPP motion to strike, dismissing Allen’s lawsuit in full after determining that McDonald’s conduct was protected and Allen failed to make a prima facie showing that he could prevail. McDonald’s is entitled to attorneys’ fees and costs for defending against Allen’s lawsuit.

“This win represents full vindication for McDonald’s. By rejecting Allen’s effort to convert McDonald’s good faith DEI initiative into a personal money grab, and finding that his claim against McDonald’s lacked even “minimal merit,” the Court has brought a quick end to Allen’s baseless claims of racism,” said John Hueston, co-lead counsel for McDonald’s.

Moez Kaba, co-lead counsel added, “ESN has been on a campaign to sue McDonald’s to obtain, through the courts, what it cannot achieve in the market. The Court’s ruling is a powerful message: while it may be easy to file meritless but sensationalized lawsuits, there are hefty consequences for doing so.”

The dismissal is a major blow against Allen’s efforts to smear McDonald’s through baseless lawsuits. Hueston Hennigan also represents McDonald’s in a case brought by Allen under the federal civil rights laws, alleging that McDonald’s refused to advertise with his companies because of Allen’s race. Hueston Hennigan looks forward to proving these allegations to be similarly false.

The Hueston Hennigan team included John Hueston, Moez Kaba, Michael Todisco, Karen Ding, Justin Greer, and Arianna Demas.

Media Coverage:
Law360
Daily Journal