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September 26, 2024
Judge Finds Golf Simulator Original Enough, At Least for Now
A judge overseeing a copyright case in the Southern District of New York has decided that the makers of a golf simulator had developed an interface that could, at least on paper, meet the "modest requirements of originality."
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September 26, 2024
11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team
An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.
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September 26, 2024
Qualcomm Eyes Massive Buyout Of Intel, Plus Other Rumors
Qualcomm has approached struggling rival Intel with a takeover offer, Chevron's $53 billion acquisition proposal for Hess is expected to win regulatory clearance, and private Equity Firm BC Partners wants to buy a minority stake in EuroLeague. Here, Law360 breaks down these and other notable deal rumors from the past week.
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September 26, 2024
MLB Fan Gets Chance To Prove Ohtani Home Run Ball Is His
A Florida state judge will allow Friday's auction of the ball Major League Baseball superstar Shohei Ohtani hit for a historic home run to begin, but will not let it be sold before an October hearing on whether an 18-year-old fan had the ball snatched from him at the ballpark that night.
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September 26, 2024
Ex-NBA Star Tells Jury He Was Duped By Ga. Businessman
Former NBA superstar Dwight Howard told a Manhattan federal jury Thursday that an Atlanta businessman tricked him into making a $7 million investment that he thought was for the purchase of a women's basketball franchise, a promise that turned out to be "a slap in the face."
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September 25, 2024
Split Panel Won't Ax $10M Award For Tennis Coach Sex Abuse
A split California appellate panel has affirmed a $10 million jury verdict in a suit seeking to hold a school district liable for the sexual abuse of a student by a tennis coach, saying the trial court did not err by allowing evidence of the coach's conduct with other students.
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September 25, 2024
NFL's Race Bias Arbitrator Is Not Impartial, Ex-Coach Argues
The attorneys for former NFL head coach Brian Flores have warned the Second Circuit, which is hearing the league's appeal of a lower court decision keeping part of his proposed racial discrimination class action in federal court, that the NFL's choice of an arbitrator for the rest of his dispute is "an attempt to falsely create an appearance of impartiality."
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September 25, 2024
Ex-NBA Pro Who Admitted Benefits Fraud Can Play Overseas
A New York federal judge Wednesday gave a former Philadelphia 76ers guard, who admitted to being part of a scheme to defraud the NBA's benefits plan, permission to travel to Uruguay so he can play professionally there.
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September 25, 2024
NC State '83 Basketball Champs Drop TV Networks In NIL Suit
Members of the 1983 North Carolina State University men's basketball team, known as the Cardiac Kids, dropped CBS and TNT from their suit in North Carolina state court accusing the NCAA of exploiting their names, images and likenesses from their national championship run during the annual promotion of March Madness.
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September 25, 2024
Dolan Balks At Deposition Order In Ex-Knick's Ejection Suit
New York Knicks owner James Dolan has asked a New York federal court to reconsider an order allowing his deposition, arguing it's part of a "relentless campaign" by former player Charles Oakley to broaden the scope of the lawsuit he filed after being ejected from a game in 2017.
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September 25, 2024
Insurer Needn't Cover Las Vegas Sands In Payment Dispute
An AIG unit secured an early win in its coverage dispute with a Las Vegas casino over an underlying state court lawsuit brought by an agent alleging the casino failed to pay him for his work, after a Nevada federal court ruled the underlying action was not covered.
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September 24, 2024
Aristocrat Wins Injunction In Slot Machine Trade Secret Row
A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.
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September 24, 2024
Athlete Investment Co. Gets Claims Nipped In $1M Fraud Suit
A New York federal judge has trimmed a suit alleging that an athlete investment company that aimed to "tokenize" and sell shares of professional athletes was involved in a $1 million fraud and lied about its business plan, saying the plaintiff is conflicted from bringing certain derivative claims.
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September 24, 2024
Ex-Foot Locker Exec To Pay $236K For Insider Trading
A laid-off Foot Locker executive agreed to pay nearly $236,000 to resolve U.S. Securities and Exchange Commission claims that he engaged in insider trading during and after his time with the sportswear company, the agency announced Tuesday.
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September 24, 2024
Pac-12 Suit Says Mountain West 'Poaching' Fee Goes Too Far
The Pac-12 Conference, which has spent much of September luring away five Mountain West Conference universities to rebuild its depleted membership, sued the rival conference Tuesday for imposing a "poaching penalty" of tens of millions of dollars in exit fees that it called "one-sided" and anticompetitive.
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September 24, 2024
Conn. Water Park Loses Bid To Erase $9M Foot Injury Award
A Connecticut judge has thrown out twin requests to overturn a $9 million jury award favoring a man who injured his foot at an outdoor water park, holding in part that the park's attorneys never presented an earlier motion for a directed verdict and could not subsequently challenge the win.
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September 24, 2024
4th Circ. Reluctant To Let NFL Fans Pass On Arbitration
The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.
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September 24, 2024
Everton Finds New Buyer In US Billionaire
The company controlled by U.S. billionaire businessman Dan Friedkin has agreed to take a majority stake in Everton Football Club in a move that comes after a prior Everton sale fell through amid legal troubles for the buyer.
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September 24, 2024
Pilates Co. Stretches Patent Campaign To ITC
A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."
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September 24, 2024
Favre Parkinson's Reveal Overshadows Welfare Fraud Hearing
Hall of Fame quarterback Brett Favre revealed he has Parkinson's disease during a congressional hearing on misuse of welfare funds, where he was overwhelmingly lauded and escaped tough questions about his alleged involvement in a sprawling Mississippi welfare scandal.
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September 24, 2024
CDC Defends Dog Import Ban As Needed Rabies-Fighting Tool
The U.S. Centers for Disease Control and Prevention urged a Michigan federal court to deny hunting groups' efforts to lift an import ban on young dogs, saying the ban was crafted to prevent imports of rabies-infected dogs.
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September 24, 2024
1st Circ. Sides With Wynn Casino Over Voucher Payouts
The First Circuit affirmed a lower court's decision tossing a proposed class action over Wynn Resorts Encore Boston Harbor casino's use of vouchers instead of coins to pay out winnings under $1.
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September 23, 2024
Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image
Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.
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September 23, 2024
Nike, Others Let TikTok 'Fingerprint' Sites, Suits Claim
Nike, its subsidiary Converse and telehealth company Teladoc were each hit with proposed class actions on Friday in California federal court over allegations that they violated the state's "trap and trace" law by using TikTok software to collect personal data from visitors to their websites.
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September 23, 2024
Court Sinks Antitrust Claims Against Suns Owner
A Florida federal court adopted the recommendations of a magistrate judge and tossed a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage, over an alleged boycott.
Expert Analysis
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.