Legal News for Fri 8/30 - Disney and DirecTV Negotiate, Coca Cola Sustainability Lawsuit, Musk Clashes with Brazil SC, Amazon First Unionized Warehouse and AT&T Fined for 911 Outage

Minimum Competence

This Day in Legal History: Slobodan Milošević Charged with Genocide

On August 30, 2001, the International Criminal Tribunal for the former Yugoslavia (ICTY) announced that former Yugoslav President Slobodan Milošević would face charges of genocide, marking a pivotal moment in international law. This decision added to the existing charges of war crimes and crimes against humanity related to his role in the brutal conflicts that ravaged the Balkans in the 1990s. Milošević, who sought to prevent the breakup of the Yugoslav Federation through violent ethnic campaigns, was accused of orchestrating mass atrocities, particularly against Bosnian Muslims during the Bosnian War.

The genocide charges centered on his alleged responsibility for the Srebrenica massacre, where over 8,000 Bosnian Muslim men and boys were systematically executed by Bosnian Serb forces. The ICTY’s indictment of Milošević was historic, as it was the first time a sitting head of state was charged with genocide by an international tribunal. The trial, which began in 2002, was a complex and lengthy process, reflecting the gravity of the accusations and the challenges of prosecuting such high-level war crimes. Although Milošević died in 2006 before a verdict could be reached, the charges against him underscored the international community’s commitment to holding leaders accountable for genocide and other severe human rights violations.

Walt Disney and DirecTV are urgently negotiating to renew their distribution agreement before it expires on Sunday. Failure to reach a deal could result in DirecTV's 11 million subscribers losing access to Disney channels like ABC and ESPN just before the NFL season begins and during the U.S. Open tennis tournament. DirecTV is pushing for the option to offer smaller, lower-priced packages that exclude ESPN, catering to consumers' preferences in the streaming era. Disney, however, wants to preserve the value of its sports content, proposing a sports-centric package including ESPN and ABC.

The negotiations are influenced by ongoing changes in the pay TV industry, where subscriber numbers have declined sharply due to the rise of streaming services. The companies are also dealing with the impact of sports streaming rights, which have been central to maintaining pay TV subscribers.

A new sports-streaming service called Venu Sports, backed by Disney, Fox, and Warner Bros. Discovery, has been delayed by a legal dispute with FuboTV over antitrust claims related to content bundling practices. The dispute underscores the challenges facing traditional pay TV providers as they navigate the growing demand for streaming options. The outcome of these negotiations will have significant implications for the future of sports broadcasting and the pay TV industry.

Disney and DirecTV aim to renew deal ahead of NFL season | Reuters

The DC Court of Appeals has revived a lawsuit against Coca-Cola, brought by Earth Island Institute, alleging the company made misleading claims about its sustainability efforts. The lawsuit challenges statements made by Coca-Cola, such as a tweet asserting that "business and sustainability are not separate stories" for the company.

Initially, the Superior Court ruled in 2022 that these statements were merely aspirational and did not violate consumer protection laws. However, the appeals court disagreed, stating that Earth Island plausibly argued that Coca-Cola's statements could mislead consumers into believing the company is environmentally responsible, when it might not be. This case is part of a broader trend of "greenwashing" lawsuits, where companies are accused of overstating their environmental commitments. The Federal Trade Commission is also expected to provide more guidelines on environmental marketing claims through its updated "Green Guides."

Coca-Cola Must Face Suit Over Sustainability Claims After Appeal

X (formerly Twitter) is bracing for a potential shutdown in Brazil following escalating tensions between Elon Musk and Supreme Court Judge Alexandre de Moraes. The conflict intensified when the court froze the bank accounts of Musk's Starlink satellite firm after X failed to appoint a legal representative in Brazil by a court-imposed deadline. The dispute stems from Moraes' orders to block certain accounts on X accused of spreading misinformation, which Musk condemned as censorship. Musk responded by criticizing Moraes publicly and offering free internet access to Brazilians via Starlink. The legal battle could result in X losing access to one of its major markets, as the company has already threatened to shut down operations in Brazil due to what it describes as censorship. The situation reflects broader concerns over freedom of speech versus compliance with local laws in digital platforms.

Elon Musk's X braces for shutdown in Brazil as spat with judge intensifies | Reuters

Amazon lost its bid to overturn a unionization vote at its Staten Island JFK8 warehouse, solidifying it as the company's first unionized facility in the U.S. The National Labor Relations Board (NLRB) dismissed Amazon's objections to the 2022 election, where workers voted 2,654-2,131 in favor of joining the Amazon Labor Union (ALU). This ruling certifies the election results, allowing the ALU to represent the facility's roughly 8,000 workers.

However, Amazon plans to appeal the decision, arguing that both the ALU and the NLRB interfered with the election. Despite the ruling, Amazon may refuse to bargain with the union, potentially leading to further legal battles. The NLRB has already accused Amazon of stalling contract negotiations and retaliating against union supporters. The decision faced dissent from the NLRB's Republican member, who argued that the union's actions, including those by its founder Christian Smalls, illegally coerced workers into voting for the union.

Amazon Staten Island Center Is Retailer’s First to Unionize (1)

AT&T has been fined $950,000 by the FCC for a 911 service outage in August 2023, which affected parts of Illinois, Kansas, Texas, and Wisconsin. This is the latest in a series of similar outages, including two earlier incidents in 2024 that disrupted 911 services across multiple states. The most recent outage was caused by an independent contractor who unintentionally disabled part of the network during unscheduled testing.

Despite AT&T's vast revenues and close ties with the U.S. government, which includes significant tax breaks and deregulation, the company has struggled to maintain reliable 911 service. These issues come amid broader concerns about AT&T's network security, as recent hacks have compromised the data of over 73 million customers. Critics argue that the government's lenient oversight and generous financial support of AT&T have contributed to its ongoing performance problems, including these critical service failures.

AT&T Has To Settle Over Another 911 Outage, This Time For $950k | Techdirt

This week’s closing theme is by Georg Böhm.

This week’s closing theme brings us into the contemplative world of Georg Böhm, a prominent figure in the German Baroque era. Born on September 2, 1661, Böhm was a distinguished organist and composer whose works deeply influenced the musical landscape of his time. Perhaps best known for his contributions to organ music, Böhm held the prestigious position of organist at St. John's Church in Lüneburg, where he became a key figure in the development of the Northern German organ school. His music is marked by its expressive depth and innovative use of the chorale.

Tonight, we turn our attention to his beautiful setting of the Lutheran chorale Vater Unser im Himmelreich, a piece that perfectly captures the devotional spirit of the Baroque period. This work is a chorale prelude for organ, where Böhm takes the familiar melody of the Lord’s Prayer and weaves it into an intricate and reflective tapestry of sound. Through his masterful use of counterpoint and ornamentation, Böhm brings out the theological and emotional depth of the text, creating a piece that is both meditative and majestic.

As we listen, we can appreciate Böhm’s ability to transform a simple hymn tune into a profound musical meditation, making it a fitting choice for our closing theme. Enjoy the rich harmonies and spiritual resonance of Georg Böhm’s Vater Unser im Himmelreich.

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