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July 29, 2024
Okla. Soccer Club Can't Use Disputed Stadium During Suit
An Oklahoma soccer team cannot use its chosen home stadium while it sues the parent league for denying it access to the facility, a federal judge determined Monday, ruling the plaintiffs have failed to show the existence of an enforceable contract.
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July 29, 2024
Fraudster Faces Florida Condo Eviction Over Chain-Smoking
A Florida luxury condominium association has brought a state court lawsuit against an admitted real estate fraudster and seeks to have him removed as a tenant over his chain-smoking, saying he broke the terms of his lease but continues to reside in his condo unit.
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July 29, 2024
Sky Zone Operator Gets Injury Claims Sent To Arbitration
The operators of a Sky Zone-branded trampoline park in the Chicago area have successfully pushed out of court a father's claims that his son was injured at the facility, after an Illinois appellate panel ruled that an arbitrator must determine if the waiver agreement the mother signed is in fact enforceable.
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July 29, 2024
Panera Franchisee Ends Pagan Worker's Religious Bias Suit
A Panera franchisee and a former employee alerted a Pennsylvania federal court Monday that they've agreed to resolve the ex-worker's suit claiming she was harassed out of her job when she disclosed that she practiced neopaganism.
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July 29, 2024
10th Circ. Won't Undo $6.4M Award In Cannabis Biz Fight
A Tenth Circuit panel has rejected a cannabis entrepreneur's attempt to undo a $6.4 million judgment in a dispute with an ex-business partner, but it ordered a district court to revisit an enforcement order that could require the entrepreneur to violate federal drug law to pay the damages.
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July 29, 2024
Firm, Ex-Client Brief Conn. High Court In Punitive Award Case
McCarter & English LLP and ex-client Jarrow Formulas Inc. are weighing in as the Connecticut Supreme Court decides whether a federal court can award law firms punitive damages in suits for breach of contract, as the firm seeks a punitive payout after winning multimillion-dollar judgments in a contract dispute.
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July 29, 2024
Boxing Manager Nears Default Win In RICO Suit
A boxing manager welcomed a California federal court's decision to award him $9.5 million as part of a default judgment against a now-defunct management company in a racketeering case but requested an increase to the court's award of legal fees.
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
NC Attys Dismissed From Malpractice Suit Over Missed Filing
A pair of North Carolina-based attorneys involved in a legal malpractice suit filed by the parents of two children who died in a car fire were voluntarily dismissed from the family's suit against their former firm.
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July 29, 2024
NYT To Pay $275K To Settle Subscription Renewal Claims
The New York Times will pay $275,000 to settle class claims that it did not adequately disclose the terms of its subscription renewals.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
ESPN, Fox, Hulu Oppose Bid To Block Sports Streaming JV
Streaming service Fubo has told a New York federal court that ESPN, Fox and Warner Bros. Discovery are teaming up with others to knock down its "sports-first streaming business," but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition.
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July 26, 2024
Live Nation Tells 9th Circ. Arbitration Supported By Calif. Ruling
Live Nation told the Ninth Circuit that recent precedent from California's top court backs its argument that consumer litigation over allegedly exorbitant ticket prices should go to arbitration, despite arbitral rules criticized by the panel as "cockamamie" during oral arguments last month.
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July 26, 2024
DC Circ. Vacates FERC Oil Pipeline Index Revision
The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.
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July 26, 2024
Insurer Says It Needn't Cover Divorce Attys In Malpractice Suit
Hanover Insurance Group asked a federal court Friday to rule that it doesn't have to defend a pair of Houston-area divorce attorneys in a legal malpractice suit alleging they botched a divorce case.
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July 26, 2024
WWE Founder Slams Accuser's Bid For Drug Treatment Info
A Connecticut federal judge should lift a six-month stay in a sexual abuse lawsuit against World Wrestling Entertainment Inc. long enough for ex-CEO Vince McMahon to try to block the accuser's parallel case in state court seeking information about mysterious, WWE-funded medical treatment she says she underwent, McMahon is arguing.
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July 26, 2024
Hemp Exporter's Lost-Product Claims Fail At 4th Circ.
A hemp exporter lost a bid for payment for lost products at the Fourth Circuit on Friday when the court ruled that the Montreal Convention precludes claims that a transportation company was liable for the destruction of more than a ton of product by U.S. Customs and Border Protection.
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July 26, 2024
LinkedIn Looks To End 'Fake Clicks' Suit With Very Real $6.6M
LinkedIn has agreed to cough up at least $6.6 million to put an end to a class action from online businesses who say the website deliberately overreported "clicks" on ads to fleece advertisers.
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July 26, 2024
Cherokee Entities Look To Dismiss Casino Licensing Dispute
Two Cherokee Nation entities are asking a federal district court to toss a Mississippi casino's bid to void an Arkansas gaming license issued to the federally recognized tribe's entertainment business, arguing that the lawsuit was filed two years too late.
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July 26, 2024
Data Co. Told To Turn Over Contracts In Kochava Case
A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.
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July 26, 2024
Gas Co. Can't Wheedle Out Of Jury's Decision, Trader Says
A former trading director has told a Colorado state judge that the natural gas marketing company he worked for has no grounds to escape a Denver jury's $3.3 million damages award over his unpaid bonus, arguing that the jurors clearly found in his favor.
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July 26, 2024
Hospital Can't Shift Shooting Liability To ER Group
A Michigan appellate panel has affirmed that Trinity Health Corp. can't make an emergency-room physicians practice defend it against lawsuits stemming from a shooting outside a Chicago hospital that killed one of the practice's ER doctors.
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July 26, 2024
Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial
Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.
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July 26, 2024
NFL Leads Sports & Betting Cases To Watch For Rest Of 2024
Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.
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July 26, 2024
Alston & Bird Grows With Structured Finance Pro In New York
Alston & Bird LLP has expanded its finance team in New York, adding a partner with more than 20 years of experience advising on structured finance transactions and mergers and acquisitions.
Expert Analysis
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Calif. Banking Brief: All The Notable Legal Updates In Q4
As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Trouble Indemnity: IP Lawsuits In The Generative AI Boom
Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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Antitrust Enforcement Initiatives To Watch In 2024
The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.