Legal
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Adidas AG has won a court order dismissing a class-action lawsuit that claims the German sneaker giant violated securities laws by failing to warn its shareholders about Ye’s offensive behavior.
The case claimed that Adidas knew about serious problems with Ye (formerly Kanye West) as far back as 2018 but failed to disclose them, leaving investors facing losses when the company finally ended the partnership in 2022 over Ye’s antisemitic tirades and erratic behavior.
In a ruling Friday (Aug. 16), Judge Karin Immergut said she did not condone Ye’s conduct “erratic, inappropriate, and antisemitic” behavior and said it was “troubling” that it had happened at Adidas, but that it did not rise to the level of securities fraud.
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“The question before this court is not whether to admonish Ye or hold Adidas morally accountable for Ye’s conduct,” Immergut wrote. “Rather, this Court is faced with a precise legal question: has Plaintiff sufficiently pleaded facts showing that Adidas misled investors and thereby committed federal securities fraud? On the current record before this Court, the answer is no.”
Adidas ran a lucrative collaboration with Ye and his Yeezy apparel brand for nearly a decade. But the party ended in 2022, when the sneaker company (and many others) cut ties with the embattled rapper amid a wave of offensive statements he made about Jewish people. In an October 2022 statement announcing the split, Adidas said the rapper’s statements were “unacceptable, hateful and dangerous.”
It’s been a messy breakup for Adidas. The split contributed to a loss of $655 million in sales for the last three months of 2022 and left Adidas holding $1.3 billion worth of unsold Yeezys and facing tricky questions about how to dispose of them responsibly. Adidas also battled Ye in court over millions in company funds and disclosed that it was litigating other aspects of the divorce in private arbitration.
In May 2023, a group of investors took Adidas to court over the breakup, arguing that Adidas executives had been aware for years of the potential harm that could come from the Ye partnership but had failed to publicly share such concerns with shareholders, as required by U.S. securities law.
In particular, the lawsuit cited a November 2022 Wall Street Journal article reporting that Adidas executives feared for years that the Yeezy relationship could “blow up at any moment.” The article reported that West had made antisemitic comments in front of Adidas staffers, including suggesting that an album be named after Adolf Hitler. The Journal story also highlighted a 2018 presentation to then-CEO Kasper Rørsted that detailed the risks of the arrangement and contemplated cutting ties with him.
But in Friday’s ruling, Judge Immergut sided with arguments from Adidas that the company’s disclosure statements had not misled investors about the risk posed by Ye. In one passage, she reminded the plaintiffs that Ye had shown signs of erratic behavior well before the split with Adidas — quoting statements in which he said that “racism is a dated concept” and that slavery was a “choice.”
“This court would be remiss not to note the very public nature of Ye’s behavior before Fall 2022,” the judge wrote. “After all, courts are not required to exhibit a naiveté from which ordinary citizens are free.”
The judge gave the investors one final chance to refile an updated version of their case against Adidas, but she cast doubt on whether they could overcome the problems she had identified in her ruling.
Attorneys for both sides did not immediately return a request for comment.
After Donald Trump posted AI-generated images to social media that falsely suggested Taylor Swift had endorsed him, can the superstar take legal action against the Republican presidential nominee? We asked the experts.
Posted on Sunday (Aug. 18) to Trump’s account on his own Truth Social platform, several of the photos showed women in t-shirts with the slogan “Swifties for Trump” emblazoned on the front. Some of those shots appeared to have been generated by AI, including several originally posted by a satire website.
But the most prominent image showed Swift herself, dressed up as Uncle Sam in the style of a World War II-era recruiting poster, bearing a clear message: “Taylor wants you to vote for Donald Trump.” At the top of the post, Trump himself responded to the apparent endorsement: “I accept!”
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The images quickly sparked outrage among fans of the superstar singer, who has long been an outspoken critic of the 45th president. Though she has not yet endorsed a candidate in 2024, Swift supported Joe Biden and running mate Kamala Harris in 2020 — and she blasted Trump for “stoking the fires of white supremacy and racism” and urged her legions of fans to vote him out of office.
As news of Trump’s post spread across the internet, many Swifties quickly wondered the same thing: Could Taylor take legal action against the former president?
According to Jessica Silbey, a professor at Boston University School of Law and an expert in intellectual property and constitutional law, Trump’s fake endorsement post likely violates Swift’s right of publicity — the legal power to control how your name, image and likeness are used by others.
“Everyone enjoys a right of publicity,” says Silbey, who has written extensively about the internet. “This kind of use — being made to say and seen as believing things you don’t — is at the core of the right.”
As the explosive growth of artificial intelligence tools has made it easier to convincingly mimic real people, lawmakers have scrambled to empower individuals like Swift to better protect their right of publicity. The federal NO FAKES Act, currently under debate in Congress, would make it illegal to publish a “digital replica” of someone’s likeness without their consent, including their voice or their image.
Trump’s post — featuring a photorealistic, AI-generated replica of Swift’s image without her consent — would almost certainly violate that new federal law. But even without the NO FAKES Act, states across the country already protect the right of publicity and would likely give Swift grounds to sue Trump or his campaign. Silbey says Swift might also explore suing him for defamation, claiming the false presidential endorsement harmed her reputation.
Whether the star should do so is a different question. Such litigation would be long and costly and Trump has potential defense strategies, including pinning the blame on the people who originally created the images, or arguing that his posts were free speech shielded by the First Amendment. And even if Taylor won, it’s hard to say whether it would be worth the effort to pull down one post.
“I’m skeptical the juice would be worth the squeeze,” says Woodrow Hartzog, another professor at Boston University School of Law.
Rather than responding with cease-and-desist letters or a lawsuit, Swift might decide that she’s better off fighting Trump’s fake endorsement with a legitimate endorsement of her own, broadcast across social media to her millions of die-hard fans. That’s the kind of remedy that no court can issue — and one that will likely hurt Trump far more than any judge could.
“I think Swift probably has more effective political rather than legal recourse here,” Hartzog said.
A Missouri woman has been arrested for allegedly attempting to defraud the family of Elvis Presley and steal their ownership interest in Graceland, the U.S. Department of Justice announced Friday (Aug. 16).
The 53-year-old woman, whose name is Lisa Jeanine Findley but has gone by numerous aliases, has been charged with mail fraud and aggravated identity theft. She faces a maximum of 20 years in prison on the former charge and a mandatory minimum of two years on the latter; she made an initial court appearance in Missouri on Friday.
“As alleged in the complaint, the defendant orchestrated a scheme to conduct a fraudulent sale of Graceland, falsely claiming that Elvis Presley’s daughter had pledged the historic landmark as collateral for a loan that she failed to repay before her death,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s criminal division, in a statement. “As part of the brazen scheme, we allege that the defendant created numerous false documents and sought to extort a settlement from the Presley family. Now she is facing federal charges. The Criminal Division and its partners are committed to holding fraudsters to account.”
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According to documents filed in U.S. District Court in Tennessee on Thursday (Aug. 15), Findley allegedly posed as three different people affiliated with a company called Naussany Investments & Private Lending in claiming that Presley’s daughter, Lisa Marie Presley, had used the famed Memphis mansion as collateral to secure a loan of $3.8 million that she failed to repay. She also allegedly fabricated loan documents and forged the signatures of Lisa Marie and a notary public to file a false creditor’s claim with the Superior Court of California in Los Angeles and a false deed of trust with the Shelby Country Register’s Office in Memphis. The Justice Department also claims that Findley published a fraudulent foreclosure notice in the Memphis daily newspaper The Commercial Appeal announcing that Naussany Investments would auction Graceland on May 23.
The attempted auction was quickly blocked after Presley’s granddaughter and Lisa Marie’s daughter, Riley Keough — who took over as trustee of Promenade Trust, the entity that controls Graceland, following Lisa Marie’s death in January 2023 — won a court order halting it. Shortly thereafter, Findley allegedly wrote to Presley family representatives, the Tennessee state court and the media to falsely claim that the person responsible for the faud was an identity thief based in Nigeria.
“Fame and money are magnets for criminals who look to capitalize on another person’s celebrity status,” said Eric Shen, inspector in charge of U.S. Postal Inspection Service Criminal Investigations Group (USPIS), in a statement. “In this case, Ms. Findley allegedly took advantage of the very public and tragic occurrences in the Presley family as an opportunity to prey on the name and financial status of the heirs to the Graceland estate, attempting to steal what rightfully belongs to the Presley family for her personal gain. Postal Inspectors and their law enforcement partners put an end to her alleged scheme, protecting the Presley family from continued harm and stress.”
Courtney Kramer, the Republican challenger to Fani Willis in the race for Fulton County District Attorney in Georgia, is vowing to end the long-running YSL RICO trial involving Young Thug if she’s elected, according to a statement issued by her campaign on Friday (Aug. 16).
“With no apparent justice in sight, I have become highly concerned and disappointed in the lack of prosecutorial oversight in this case,” Kramer said in the statement. “As time goes on, the public has witnessed a trial that is undoubtedly over prosecuted by attorneys who have repeatedly been admonished for lack of trial prepartion: a complete and utter waste of the court’s time.”
Kramer goes on to blast prosecutors in the case, noting that they were recently “condemned” by new judge Paige Reese Whitaker “for not following the ethical and legal duty to disclose exculpatory evidence that could prove fruitful for the defense, one of the most basic requirements in the courtroom.” She further contends that the case “was brought to bring fame” to Willis, “not to bring justice to the community,” and that it’s resulted in “endless amounts of taxpayer dollars” being spent “on a prosecution that is based almost entirely on witnesses with little to no credibility.”
“If I am elected as the next District Attorney of Fulton County, I promise to end this prosecution immediately,” said Kramer. “I challenge my opponent to do the same thing, the right thing, and end this prosection and release the accused in this case who are being held without bond.”
Representatives for Willis and Young Thug did not immediately respond to Billboard‘s requests for comment.
The YSL case was set into motion in May 2022 when Thug (real name Jeffery Williams) was indicted along with dozen of others over allegations that their YSL was not a record label called Young Stoner Life but a violent Atlanta street game called Young Slime Life. The group of defendants was charged under Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law, with prosecutors claiming they operated a criminal enterprise that committed murders, carjackings, armed robberies, drug dealing and other crimes over the course of a decade.
Since his arrest, Thug remained in jail despite multiple calls for his release. On Aug. 8, Judge Whitaker denied requests by Thug’s attorneys to declare a mistrial over the explosive revelation of a secret “ex parte” meeting between the since-removed judge in the case, Ural Glanville, prosecutors and a key witness. Prior to that, she denied their renewed motion to release Thug on bond.
Notably, the trial, which began in January 2023 and resumed on Monday (Aug. 12), is now the longest in Georgia state history; with dozens of witnesses still set to testify, it’s estimated to run well into next year.
You can read Kramer’s full statement here.
SAVANNAH, Ga. (AP) — Rapper Quando Rondo pleaded guilty Tuesday to a federal drug offense before a judge in Georgia. The 25-year-old rapper, whose given name is Tyquian Terrel Bowman, was indicted in U.S. District Court last December on charges of conspiring with others to possess and distribute drugs including methamphetamine, fentanyl, cocaine and marijuana. […]
More than nine months after Mariah Carey was again sued for allegedly stealing her perennial holiday classic “All I Want for Christmas is You” from an earlier song, her attorneys have filed a motion to dismiss the lawsuit by arguing that the songs share nothing but commonplace musical building blocks.
In November, songwriter Vince Vance (real name Andy Stone) filed a second lawsuit against Carey accusing her of copyright infringement, arguing that her 1994 smash “was a greater than 50% clone…in both lyric choice and chord expressions” of his 1989 song of the same name, which was performed by his group Vince Vance and the Valiants (a similar lawsuit Vance filed in 2022 was subsequently dropped without prejudice, meaning he was allowed to refile). He was joined in the November action by Troy Plaintiff, who claims to have co-written the song with Vance.
But in documents filed in Los Angeles federal court on Monday (Aug. 12), attorneys for Carey and her co-defendants, including “All I Want” co-writer Walter Afanasieff, contend that Vance’s claims fail the Ninth Circuit Court of Appeal’s “extrinsic test for substantial similarity in protectable expression” — essentially arguing that any similarities between the two songs are coincidental.
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“Plaintiffs’ claimed similarities between Vance and Carey are unprotectable…because they are, among other things, fragmentary and commonplace building blocks of expression that Vance and Carey use differently in their overall different lyrics and music,” the filing reads.
In the November lawsuit, Vance and Powers argued that the two songs share a “unique linguistic structure” and musical elements that Carey allegedly copied for her mega-hit, which has reached No. 1 on the Billboard Hot 100 during the holiday season for five years running. They also claimed that despite how common it is today, the phrase “all I want for Christmas is you” was a “distinctive” one back when Vance and Powers’ song was released.
But Carey and her co-defendants argue that the plaintiffs “lack competent evidence that the songs share any protectable expression.” They add that reports produced by two musicologists Vance and Powers retained to bolster their case “list isolated, fragmentary similarities in Vance and Carey, while omitting differences and the context in which the claimed similarities occur,” making their conclusions “inherently subjective” and “irrelevant to the objective extrinsic test.”
“The claimed similarities are an unprotectable jumble of elements: a title and hook phrase used by many earlier Christmas songs, other commonplace words, phrases, and Christmas tropes like ‘Santa Claus’ and ‘mistletoe,’ and a few unprotectable pitches and chords randomly scattered throughout these completely different songs,” the lawyers write.
A representative for Vance and Powers did not immediately respond to Billboard’s request for comment.
Travis Scott was released from French police custody without a charge after his arrest at a Paris hotel following an altercation with a security guard, French prosecutors said Saturday (Aug. 10). In a statement, the Paris prosecutor’s office said, “the police custody order for Travis Scott has been lifted and all proceedings (against him) were […]
A new lawsuit claims that Pitbull’s 2021 dance hit “I Feel Good” was copied from an earlier track that was created more than 15 years earlier.
In a case filed Thursday in Manhattan federal court, a company called All Surface Publishing alleged that Pitbull’s song – which spent 27 weeks on Billboard’s Hot Dance/Electronic Songs chart — infringed the copyright to a 2006 song called “Samir’s Theme” by featuring “significant similarities.”
“The infringement is an exact copy of a discernible portion of plaintiff’s musical work that was copied,” the lawsuit claims.
The accusers claim the two songs feature similarities in melody, harmony, melodic structure, tempo, musical arrangement and percussion – including a “three-note introductory phrase” in which notes descend down the musical scale.
“When heard in real time, the descending lines of both songs appear to be almost identical,” the accusers claim.
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The case doesn’t name Pitbull personally as a defendant but instead targets his record label Mr. 305 Inc., as well as DJ White Shadow (Paul Edward Blair), who produced the track and was also featured on it as an artist.
A key part of most copyright lawsuits is proving that the accused infringer had enough “access” to the original that they had a chance to copy it. In the case of “I Feel Good,” the lawsuit claims All Surface owner Aaron LaCanfora sent “Samir’s Theme” directly to DJ White Shadow in 2011.
“I love this song,” the DJ allegedly responded, according to the lawsuit.
Reps for both Mr. 305 and DJ White Shadow did not return requests for comment.
The lawsuit also names Universal Music Group as a defendant, claiming that Mr. 305 Inc. is a “fully owned subsidiary of UMG,” though it’s not clear if that’s true. Mr. 305 signed a distribution deal with Ingrooves in 2019, shortly after that company was acquired by UMG, but Pitbull’s company describes itself as an “independent record label” owned by the star himself.
A rep for UMG did not immediately return a request for comment.
A third person has been detained by Austrian authorities in connection with the foiled terror plot to attack fans at Taylor Swift‘s now-cancelled Eras Tour shows in Vienna this weekend. The Associated Press reported that an unnamed 18-year-old man was arrested Thursday evening (August 8) following the earlier arrests of the 19-year-old main suspect in the incident and a 17-year-old, both of whom were taken into custody on Tuesday.
At press time no additional information was available on the third suspect or on what charges the three men might be facing in connection with what officials describe as plans to unleash a potentially devastating mass casualty event by the trio. The main suspect has told police that he planned to attack Swifties gathered outside Ernst Happel Stadium for what were supposed to be three shows (August 8, 9, 10) at the 65,000-capacity venue.
Officials had expected up to 30,000 fans without tickets to post up outside the stadium each night, with the 19-year-old telling officials that he planned to drive a vehicle into the throng and attack those gathered for the concerts with knives or homemade explosives at Thursday or Friday night’s shows in order to “kill as many people as possible.”
The attack was reportedly inspired by the terror groups al-Qaida and the Islamic State, with the main suspect and the 18-year-old arrested on Friday allegedly pledging an “oath of allegiance” to ISIS; CNN described the 18-year-old as an Iraqi national who was detained as part of the “broad scope” of the ongoing investigation as the interior ministry is “taking decisive action against anyone who might be involved in terrorist activities or exhibits radical tendencies.”
CNN also reported that during their investigation at the main suspect’s home, police investigators said they found bomb-making materials, detonators, 21,000 euros in counterfeit money, machetes, knives and anabolic steroids. Authorities also said the main suspect quit his job on July 25, saying he had “something big planned.” Islamic State and al-Qaida-related materials were also found at the 17-year-old’s home. According to the AP, the latter has so far refused to talk to authorities, who also revealed that he’d been hired earlier this week by a company that was providing unspecified services at the venue for the anticipated shows.
The 18-year-old arrested on Friday also reportedly swore the oath to the terror groups and “comes from the social environment” of the main suspect, but is not believed to be directly linked to the foiled plot.
At press time Swift had not made any public statement about the cancellation of the shows or the reports about the thwarted attack and a spokesperson had not returned a request for additional comment.
While breathing a sigh of relief that Austrian authorities broke up the plot before it could be carried out, crestfallen Swifties who’d traveled from all over the world and Europe consoled each other in the Vienna streets on Thursday by gathering to sing Swift’s songs and trade friendship bracelets. The superfans flooded Corneliusgasse street — a boulevard in Vienna that shares a name with Swift’s song “Cornelia Street” — where they traded the tour’s signature bracelets, hung them from trees and sang “But Daddy I Love Him” from Swift’s The Tortured Poets Department album. In another silver lining scene, a pair of Swifties got engaged on the streets of Vienna in a “Love Story” brought to life.
The Vienna shows were supposed to be the penultimate run on the European leg of Swift’s Eras Tour. On Thursday, officials in the UK said that there is no indication that the Vienna cancellation will have any impact on next week’s kick-off of a five-night (August 15-20) night run at London’s Wembley Stadium.
Travis Scott was arrested at a Paris hotel on Friday (August 9) after reportedly getting into a fight with a security guard. According to the Associated Press, Scott, 33, a statement from the Paris public prosecutor’s office said the arrest happened after police were summoned to the Georges V hotel early Friday morning to arrest […]