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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
CEOs Want To Separate Bribery Trial From Navy Admiral's
A pair of CEOs charged with bribing a retired four-star Navy admiral to potentially secure lucrative government contracts have asked a D.C. federal judge to sever their cases from the retired admiral's bribery trial, arguing that there's a "serious risk" they would be unfairly prejudiced by holding a joint trial.
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July 22, 2024
Morgan & Morgan Unit Faces Malpractice Class Claims
Personal injury giant Morgan & Morgan PA's Jacksonville, Florida, unit allegedly misled a Georgia deputy sheriff in his back injury case, costing him potentially hundreds of thousands of dollars, according to a proposed class action the firm has removed to federal court.
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July 22, 2024
Catching Up With Delaware's Chancery Court
A $6 million bank fee, a $42.5 million shopping mall deal, some questionable Amazon deliveries and long-ago expired ketchup: it was all part of the comings and goings in Delaware's Court of Chancery last week. New cases involved mining and cybersecurity companies, board takeovers, "weaponized" director election provisions, and legal fees following a $3.1 billion telecom merger. In case you missed it, here's the latest from the Chancery Court.
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July 22, 2024
AI-Focused Velocium To Go Public Via $445M SPAC Merger
AI-focused technology provider Velocium Inc. has agreed to go public by merging with special purpose acquisition company Maquia Capital Acquisition Corp. in a deal that values Velocium at $445 million, both parties announced.
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July 22, 2024
'Wolf Of Airbnb' Gets 51 Mos. As Judge Sees Lack Of Remorse
A Manhattan federal judge hit the Florida man who styled himself the "Wolf of Airbnb" with over four years in prison Monday, saying the risk is high that he will break the law again after scamming New York City landlords.
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July 19, 2024
Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.
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July 19, 2024
SEC Sues Brokers Linked To Alleged $112M Truck Co. Fraud
The U.S. Securities and Exchange Commission sued two Florida men connected to a Ponzi-like scheme involving a trucking and logistics business, saying the pair illegally sold most of the $112 million worth of unregistered company securities to victims in a fraud targeting the Haitian-American community.
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July 19, 2024
Pa. Judge Orders Accused RE Fraudster To Pretrial Detention
A Pennsylvania federal judge has ordered an accused real estate fraudster to pretrial detention, finding that his previously undisclosed ties to Panama and the fact that he is charged with using fake identities in furtherance of an alleged scheme make him a flight risk.
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July 19, 2024
DC Circ. Won't Block EPA Power Plant Emissions Rule
The D.C. Circuit refused Friday to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying challengers haven't shown they're likely to succeed in overturning the regulations.
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July 19, 2024
Weiss Serota Atty Helps Olympian Clients Get To Finish Line
Few can say they're exactly who they wanted to be when they were young. But Alan Fertel, a former college athlete who always planned to be a lawyer, says he is living his dream, carving out a practice representing elite athletes, including two star swimmers set to make a splash later this month at the Olympics in Paris.
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July 19, 2024
Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row
In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.
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July 19, 2024
Morgan & Morgan Opens Latest Fla. Office In Port St. Lucie
Morgan & Morgan PA has announced its latest Florida office opening with a new 5,000-square-foot office location that officially started operations earlier this month in the "Treasure Coast" city of Port St. Lucie.
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July 19, 2024
Less Strict Standard Should Apply In 401(k) Suit, Judge Says
A Florida magistrate judge advised rejecting a steel manufacturer's bid to apply a tougher standard to a plan participant's proposed class action accusing the company of saddling its 401(k) with pricey investment funds and fees, saying that standard doesn't fit the bill in this case.
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July 19, 2024
NASCAR Names New General Counsel Amid Shake-Up
NASCAR Holdings' has named a new general counsel and a new deputy general counsel and head of privacy to fill out the team of chief legal officer Amanda Oliver.
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July 18, 2024
Feds Collar Would-Be 'Smart Ring' CEO For Investor Fraud
Los Angeles federal prosecutors have charged a Florida woman with securities and wire fraud with allegations detailing a $2 million investment scheme involving a purported "smart ring" company.
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July 18, 2024
Florida Urges 11th Circ. To Allow Gender Law Despite Appeal
Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
Judge Won't Pause Sanctions In Byju's Ch. 11
A Delaware district court Thursday ruled hedge fund Camshaft Capital Fund LP cannot hold off a contempt order from a Delaware bankruptcy court in the Chapter 11 case of Byju's Alpha while it appeals the sanctions, finding that it could avoid sanctions if it complied with a court order.
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July 18, 2024
Biopharma Shareholder Sues In Del. For Docs On Akeso Deal
A shareholder of Summit Therapeutics Inc. sued the Florida biopharmaceutical company in Delaware's Court of Chancery on Thursday, seeking corporate records to investigate whether a $520 million financing arrangement connected to a partnership with Akeso Inc. benefited the company's co-CEOs at the expense of public stockholders.
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July 18, 2024
Red Lobster Angles To Keep More Than 100 Leases In Ch. 11
Red Lobster's well-known Times Square location in New York City is off the chopping block of potential closures, for now, along with 112 other outposts of the casual dining seafood chain, after the troubled company said during a bankruptcy court hearing Thursday it is negotiating new agreements with landlords.
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July 18, 2024
Docs Get Same Hefty Opioid Sentences Despite Top Court Win
Two Alabama doctors accused of unlawfully prescribing patients fentanyl and other opioids failed to shave time off their lengthy prison sentences despite a landmark U.S. Supreme Court decision that raised the bar for such prosecutions.
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July 18, 2024
Florida Opts To Use NextGen Bar Exam Starting In 2028
Florida will adopt a new bar exam test component, known as the NextGen Bar Exam, from the National Conference of Bar Examiners beginning July 2028, the state's board of bar examiners announced Thursday.
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July 18, 2024
DeSantis Blasts Ousted Atty's 3rd Bid To 'Rush' 11th Circ. Call
Suspended Florida prosecutor Andrew Warren should not be allowed to "rush" the Eleventh Circuit's consideration of the prosecutor's case, which could have "sweeping implications" for Florida's government, Gov. Ron DeSantis told the appellate court Thursday.
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July 18, 2024
US Cheerleading Org. Loses TM Fight Over 'Worlds' Marks
A Florida federal judge handed a pair of cheerleading organizations a summary judgment win Wednesday in a trademark infringement lawsuit by U.S. All Star Federation that alleged the rivals ripped off the competitive cheerleading organizational body's signature event's name, finding the contested "Worlds" marks are too generic to be protected.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Lessons For Nursing Facilities From DOJ Fraud Settlement
The U.S. Department of Justice's recent settlement with the owner of skilled nursing and assisted living facilities in Florida provides a cautionary tale of potential fraud risks, and lessons on how facilities can mitigate government enforcement actions, say Callan Stein and Rebecca Younker at Troutman Pepper.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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And Now A Word From The Panel: Benefits Of MDL Transfers
A recent order from the Judicial Panel on Multidistrict Litigation highlights a critical part of the panel's work — moving cases into an existing MDL — and serves as a reminder that common arguments against such transfers don't outweigh the benefits of coordinating discovery and utilizing lead counsel, says Alan Rothman at Sidley Austin.
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What Rescheduling Could Mean For Cannabis Bankruptcies
Bankruptcy courts have historically been closed for cannabis-related businesses, but recent case law coupled with a possible reclassification of cannabis provides cautious optimism, say attorneys at Duane Morris.
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A Defense Strategy For Addressing Copyright Fee-Shifting
Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.