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Through the ADventures in Law Blog, BakerHostetler’s Advertising, Marketing, and Digital Media team provides updates and analysis on legal issues and trends in the advertising and marketing industry.

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The use of noncompetes is now shifting across the country. Many states are limiting the use of noncompetes. Several states have enacted or are considering prohibitions on noncompetes. Nationally, the Federal Trade Commission is engaging in a rulemaking that could ban noncompete agreements between employers and employees. What does all of this mean for your business? Are there alternatives to noncompetes that can protect your business?

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Case Tracker: Artificial Intelligence, Copyrights and Class Actions

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Mike Huckabee (former governor of Arkansas) and others filed a putative class action complaint against Meta, Bloomberg, Microsoft and EleutherAI Institute, claiming that Meta, Bloomberg and Microsoft trained their LLMs on EleutherAI’s datasets. Plaintiffs agreed to transfer their case against Meta and Microsoft to California and dismissed without prejudice its case against EleutherAI. Plaintiffs amended their complaint to only name the Bloomberg entities as defendants.&nbsp;

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We are waiting for the court to rule on Bloomberg’s request for oral argument on the motion to dismiss Plaintiffs’ first amended complaint.&nbsp;&nbsp;

Case Background

Caption: Huckabee et al v. Bloomberg L.P. et al, No. 1:23-cv-09152&nbsp;

Court: Southern District of New York

Judge: Judge Margaret M. Garnett

Plaintiffs – Mike Huckabee, Relevate Group, David Kinnaman, Tsh Oxenreider, Lysa Terkeurst and John Blase, on behalf of themselves and a putative class, represented by RMP LLP, DiCello Levitt LLP and Poynter Law Group&nbsp;

Defendants – Bloomberg L.P. and Bloomberg Finance, L.P. (“Bloomberg”)&nbsp;

Former defendants: Meta Platforms, Inc., Microsoft Corporation, and The EleutherAI Institute&nbsp;

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Status Updates

May 3, 2024 – Bloomberg replied to Plaintiffs’ response to the motion to dismiss 

Apr. 19, 2024 – Plaintiffs responded to Bloomberg’s motion to dismiss 

Mar. 22, 2024 – Bloomberg filed motion to dismiss 

Feb. 7, 2024 – Plaintiffs responded to [76] defendants’ intent to dismiss

Jan. 31, 2024 – Bloomberg wrote letter of intent to move to dismiss 

Jan. 24, 2024 – Huckabee v. Bloomberg Plaintiffs filed first amended complaint

Dec. 28, 2023 – Meta and Microsoft cases severed and transferred to California 

Dec. 26, 2023 – Plaintiffs voluntarily dismissed EleutherAI 

Dec. 22, 2023 – Plaintiffs responded to Bloomberg letter 

Dec. 15, 2023 – Bloomberg wrote letter of intent to move to dismiss all causes of action 

Oct. 17, 2023 – Plaintiffs file class action complaint

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Select Court Documents

<a href="https://admin.bakerlaw.com/wp-content/uploads/2023/10/ECF-1-Complaint.pdf" target="_blank" rel="noreferrer noopener">Oct. 17, 2023 – ECF 1 Complaint</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-54-Bloomberg-Ltr-re-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Dec. 15, 2023 – ECF 54 Bloomberg Letter of Intent&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-66-Plaintiff-Ltr-re-Bloomberg-intent-to-move-to-dismiss.pdf" target="_blank" rel="noreferrer noopener">Dec. 22, 2023 – ECF 66 Plaintiff Response to Bloomberg Letter&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-57-Letter-notifying-court-to-dismiss-without-prejudice.pdf" target="_blank" rel="noreferrer noopener">Dec, 15, 2023 – ECF 57 Plaintiff Letter&nbsp; Dismissing EleutherAI&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-67-Voluntary-Dismissal-of-EleutherAI.pdf" target="_blank" rel="noreferrer noopener">Dec. 26, 2023 – ECF 67 Voluntary Dismissal of EleutherAI</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-69-Order-Severing-and-Transferring-Meta-and-Microsoft.pdf" target="_blank" rel="noreferrer noopener">Dec. 28, 2023 – ECF 69 Court Order&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/01/ECF-74-Amended-Complaint.pdf" target="_blank" rel="noreferrer noopener">Jan. 24, 2024 – ECF 74 Amended Complaint against Bloomberg</a>&nbsp;

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/02/ECF-76-–-Defendants-Letter-of-Intent-to-File-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">Jan. 31, 2024 – ECF 76 Defendants’ Letter of Intent to File Motion to Dismiss&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/02/ECF-77-–-Plaintiffs-Letter-of-Response.pdf" target="_blank" rel="noreferrer noopener">Feb. 7, 2024 – ECF 77 Plaintiffs’ Response to [76] Defendants’ Intent to Dismiss&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/03/ECF-86-and-87-Motion-to-Dismiss.pdf" target="_blank" rel="noreferrer noopener">March 22, 2024 – ECF 86 and 87 Motion to Dismiss&nbsp;</a>

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/05/ECF-90-Plaintiffs-response-to-motion-to-dismiss.pdf" target="_blank" rel="noreferrer noopener">Apr. 19, 2024 – ECF 90 Plaintiffs’ Response to Motion to Dismiss</a>&nbsp;

<a href="https://admin.bakerlaw.com/wp-content/uploads/2024/05/ECF-91-Bloombergs-reply-to-response-to-motion-to-dismiss.pdf" target="_blank" rel="noreferrer noopener">May 3, 2024 – ECF 91 Bloomberg Reply to Plaintiffs’ Response to Motion to Dismiss&nbsp;</a>