A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
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TOP NEWS

Noncompete Rule Challenge Gets More Backing

By Matthew Perlman

A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.

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$2.5M Atty Sanctions Ruling Befuddles 7th Circ. Judge

By Lauraann Wood

A Seventh Circuit judge seemed perplexed Wednesday over how to resolve the "interesting mess" he said a district court created by sanctioning a Chicago attorney $2.5 million for taking the wrong artist to trial despite that district judge letting the case proceed in the first place. 

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WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration

By Mike Curley

World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.

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Chancery Nixes BuzzFeed Worker Arbitration Bid

By Jeff Montgomery

Delaware's Court of Chancery dismissed from an arbitration access dispute on Wednesday 85 BuzzFeed Media Enterprises employees who sued for arbitration of a stock conversion right, rejecting claims that company employment agreements require Delaware courts to handle the issue.

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Feds Tell Justices $3.1B Satellite Deal Isn't Reviewable

By Alyssa Aquino

The Biden administration has urged the U.S. Supreme Court against reviewing an order dismissing claims that a contractor was pushed out of a $3.1 billion military satellite deal, saying the transaction was a sovereign action shielded from court review.

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Colo. Law Firm Settles Bad Faith Suit Against Insurer

By Hope Patti

A personal injury firm has notified a Colorado federal court it has reached an agreement with its insurer in a coverage dispute over litigation costs from another suit against a former attorney accused of trying to lure away the firm's class action department after her departure.

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LEGAL ETHICS & MALPRACTICE

Law Firm Urges Reversal Of Malpractice Arbitration Award

By Carolina Bolado

The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.

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Sports Atty Settles Spat With Colo. Youth Hockey Org

By Daniel Ducassi

The Colorado Amateur Hockey Association and a lawyer who's also an agent for professional athletes told a state court judge in Denver on Wednesday that they've resolved their dispute over the termination of the attorney's contract, before a trial that was scheduled to begin next week.

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REAL ESTATE & DEVELOPMENT

Hedge Fund Says Deal With Colo. Developer Lacked Details

By Isaac Monterose

A Colorado-based hedge fund owner and the former president of one of his entities have urged a Colorado state court to permanently toss a suit related to a Denver commercial housing project, arguing that they can't be accused of violating the project's term sheet due to its vagueness.

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Data On Harm Intrigues Pa. Justices In Hospital Closure Spat

By Matthew Santoni

While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.

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Real Estate Seller Can't Show He Was Stiffed On Commission

By Spencer Brewer

A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.

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INSURANCE

Insurer Secures Early Win In $5M Warehouse Damage Row

By Jennifer Mandato

An insurer doesn't have to cover over $5 million in damage a property owner said it sustained after a warehouse break-in, a Pennsylvania federal judge ruled, finding that a vacancy provision in a commercial insurance policy wasn't ambiguous and the insurer didn't act in bad faith.

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PRIVACY & CONSUMER PROTECTION

Mortgage Co.'s $2.4M Data Breach Settlement Gets Initial OK

By Ryan Harroff

A Connecticut federal judge gave her initial sign-off to a $2.4 million settlement between mortgage firm Planet Home Lending LLC and a consolidated class of customers whose personal data, including their Social Security numbers, was exposed in a cyberattack.

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SPORTS & BETTING

Lender Drops $4M Fraud Suit Against Ga. Golf Course Owner

By Madeline Lyskawa

Lender U.S. Strategic Capital Advisors has moved to voluntarily drop its lawsuit accusing the owner of an Atlanta-area golf course of using a more than $4 million loan to prop up other businesses, shortly after a Georgia federal judge denied successive efforts to wrest control of his assets.

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EMPLOYMENT

Fired NC County Atty Launches Race Bias Suit

By Travis Bland

A former Pitt County, North Carolina, government attorney has alleged in a federal lawsuit that the county manager's racial animus and the lawyer's concerns about contracting compliance got him fired after only 90 days on the job.

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SECURITIES & WHITE COLLAR

Startup Consultant Hits Hemp Co. With $2.1M Fee Suit

By Ryan Harroff

A consulting firm focused on helping startup companies raise capital is taking an industrial hemp firm, its owners and a guest lecturer at the University of Michigan's business school to Ohio federal court over $2.1 million in consulting fees it says it never got to collect.

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BANKRUPTCY

MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize

By Vince Sullivan

The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.

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LIFE SCIENCES

Anthem Blue Cross Owes $3.8M For COVID Tests, Lab Says

By Aaron Keller

Anthem Blue Cross Blue Shield of Connecticut should be forced to pay nearly $3.8 million for medical laboratory work, including COVID-19 tests, that the insurer either denied, underpaid or failed to acknowledge, according to a federal lawsuit by a New Jersey-based company with facilities in Pennsylvania.

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EXPERT ANALYSIS

What The Justices' Copyright Damages Ruling Didn't Address

While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

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Series

Teaching Yoga Makes Me A Better Lawyer

Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

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PRACTICAL GUIDANCE

What To Know About NIGC's Internal Review Process

If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.

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LEGAL INDUSTRY

BCLP Sues St. Louis Over City Taxes On Partners' Income

By Kevin Penton

Bryan Cave Leighton Paisner LLP is suing St. Louis, Missouri, after the Midwestern city accused the firm of being delinquent on nearly $275,000 in earnings taxes, contending the municipality unlawfully taxed partners who don't live in the city, according to its court filing.

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Calif. Bar Halts Plans To Develop New Bar Exam

By Ryan Boysen

The State Bar of California has shelved a plan to develop its own online bar exam, a shift that could save the cash-strapped organization up to $4 million per year, but drew opposition from law school deans concerned about its ambitious rollout timeline.

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'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

By Frank G. Runyeon and Stewart Bishop

Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

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Coverage Recap: Day 14 Of Trump's NY Hush Money Trial

By Stewart Bishop

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Thursday, day 14 of the trial.

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Analysis

Thomas, Alito: Two Originalists, Two Takes On CFPB Case

By Katie Buehler

U.S. Supreme Court Justices Clarence Thomas and Samuel Alito — often birds of a feather — butted heads Thursday over the original meaning and purpose of the U.S. Constitution's appropriations clause in a decision upholding the Consumer Financial Protection Bureau's unique funding scheme, highlighting what experts describe as the pair's different approaches to originalism.

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Democrats Prod Justice Thomas on RV Loan, Tax Treatment

By Anna Scott Farrell

Two Senate Democrats have asked U.S. Supreme Court Justice Clarence Thomas' attorney to respond to what they called a failure to answer their questions about the justice's $267,000 loan from a healthcare industry executive to finance a luxury recreational vehicle, saying the loan treatment could have violated federal tax laws.

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Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO

By Andrew Karpan

An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.

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Senate Confirms South Dakota State Judge To Federal Bench

By Courtney Bublé

The Senate voted 90-4 on Thursday to confirm Judge Camela C. Theeler to the District of South Dakota.

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Menendez Bribery Case Criminalizes Gifts, Jury Told

By Carla Baranauckas

Prosecutors are trying to criminalize friendship, gifts and advocacy, the counsel for one of U.S. Sen. Robert Menendez's co-defendants said Thursday in an opening statement in the corruption trial in Manhattan federal court.

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Judge Calls Out 'Cancel Culture' In Prof's Suit Against Penn

By P.J. D'Annunzio

A Pennsylvania federal judge said University of Pennsylvania leaders embraced "cancel culture" when they chastised an anthropology professor for handling remains from the 1985 MOVE house bombing in Philadelphia, allowing the professor's defamation case against the school to move forward.

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$2B Default Recommended For Making Fair Trial 'Impossible'

By Bryan Koenig

Years of lies should put a pair of Chinese electronics companies on the hook for over $2 billion in default judgment, a special master told a California federal judge, adding that their yearslong no-show and disregard of U.S. counsel advice to retain documents have rendered a fair trial "impossible."

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Roche Freedman Gets Split Ruling On Witnesses In Atty's Suit

By Andrea Keckley

A New York federal judge has issued a split decision on witness testimony in a dispute over the litigation boutique formerly called Roche Freedman.

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11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

By Ivan Moreno

An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

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6th Circ. Still Won't Rethink Sanctions Against Trump Attys

By Henrik Nilsson

The Sixth Circuit on Thursday once again denied a bid from former Trump campaign lawyer Sidney Powell and other attorneys to reconsider sanctions issued against them after they challenged the 2020 presidential election results in Michigan, holding that the attorneys must seek permission for future filings given their history of "meritless motions."

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LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Archer & Greiner

Bailey & Glasser

Baker Botts

Bartlit Beck

Berke Farah

Blakemore Meeker

Boies Schiller

Bracewell LLP

Bradley Arant

Bryan Cave

Clyde & Co

Cotchett Pitre

Crowell & Moring

Davenport Evans

Dontzin Nagy

Duane Morris

Epstein Becker

Ferraro Law Firm

Fillmore Law Firm

Fink Bressack

Foley & Lardner

Franklin D. Azar & Associates

Freedman Normand

Freshfields

Gibbons PC

Gibson Dunn

HKM Employment Attorneys

Harris St. Laurent

Haynes & Boone

Hill Kertscher

Holland & Knight

Horst Krekstein

Husch Blackwell

Irell & Manella

Jackson Walker LLP

Johnson & Bell

Jones Day

Kasowitz Benson

Kellogg Hansen

Kelly Hart

King & Spalding

Kopelowitz Ostrow

Lamb McErlane

Lynn Jackson Shultz & Lebrun

Mayer Brown

McElroy Deutsch

Milberg Coleman

Mitchell & Sheahan

Morgan Lewis

Morgan Theeler

NechelesLaw

Nelson Mullins

Orrick Herrington

Paul Hastings

Paul Weiss

Pierson Ferdinand LLP

Pillsbury Winthrop

Porter Hedges

Proskauer Rose

Robinson & Cole

Saveri & Saveri

Schertler Onorato

Siri & Glimstad

Sirlin Lesser

Skadden Arps

Spector Gadon

Srourian Law Firm

Stearns Weaver

Sterne Kessler

Sullivan & Cromwell

The Law Firm of Cesar de Castro

Trump Alioto

Turke & Strauss

Weil Gotshal

Wheeler Trigg

WilmerHale

Young Conaway

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Arbitration Association

Arizona Diamondbacks

Ava Labs Inc.

Business Roundtable

BuzzFeed Inc.

Charter Communications Inc.

Comcast Corp.

Community Financial Corp.

Costco Wholesale Corp.

Ernst & Young LLP

Genesis Diagnostics

Google LLC

Hearst Corp.

International Business Machines Corp.

JS Held LLC

LG Electronics Inc.

LexisNexis Legal & Professional

Lockheed Martin Corp.

Major League Baseball Inc.

Mercedes-Benz USA LLC

NASDAQ Inc.

National Retail Federation Inc.

North Carolina State Bar

Paypal Holdings Inc.

Planet Home Lending LLC

Prospect Medical Holdings Inc.

RELX PLC

Reddit Inc.

Ryan LLC

San Diego Padres

Scholastic Corporation

Seattle University

Shoe Show Inc.

Starz LLC

State Bar of California

The DIRECTV Group Inc.

The New York Times Co.

Trump Organization Inc.

U.S. Chamber of Commerce

UnitedHealth Group Inc.

Warner/Chappell Music Inc.

World Wrestling Entertainment Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Consumer Financial Protection Bureau

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Reserve System

Federal Trade Commission

Manhattan District Attorney's Office

National Indian Gaming Commission

Pennsylvania Supreme Court

Texas Judicial Branch

U.S. Attorney's Office for the District of New Hampshire

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of State

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio