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September 27, 2024
Disney Wants FuboTV Tying Suit Tossed Before Trial
Disney told a New York federal judge Thursday that FuboTV in its tying claims against the programming giant still hasn't shown how Disney's bundling practice is out of the ordinary, saying that similar bundles have existed for years and have been cleared by the courts and the Federal Communications Commision.
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September 27, 2024
Tattoo Artist's $3,750 Award Scrapped In Video Game IP Row
An Illinois federal judge scrapped a $3,750 damages award for a former tattoo artist who sued World Wrestling Entertainment and two video game companies for depicting her tattoos on a wrestler without permission, saying the jury's award was based on undue speculation.
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September 27, 2024
'Varsity Blues' Suit Flips The Script On 'Victim' USC
The University of Southern California could be forced to reveal unseemly details of its admissions process if it can't beat or settle a $75 million suit filed by a private equity executive who blames the school for his being ensnared in the "Varsity Blues" college admissions scandal, experts told Law360.
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September 27, 2024
50-Year-Old Lobs Age Bias Suit At Sporting Products Co
A 50-year-old Amer Sports recreational gear salesman alleges the Chinese investors who purchased the company passed him up for leadership roles despite his decades of experience and excellent performance, and then fired him when he complained about age discrimination.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
Ole Miss Preserves Win In Football Player's Mental Health Suit
The Fifth Circuit on Friday declined to reverse the dismissal of a lawsuit from a University of Mississippi football player who accused the school and its head football coach of kicking him off the team for taking a mental health break.
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September 27, 2024
NY Court Won't Transfer DOJ's Live Nation Antitrust Case
The New York federal judge overseeing the government's antitrust case against Live Nation said Friday he will not transfer the action to Washington, D.C., where a court handled a settlement clearing the concert promotion giant's 2010 purchase of Ticketmaster.
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September 27, 2024
Nike's Conduct In TM Battle Warrants Atty Fees, Report Says
Sportswear giant Nike Inc.'s behavior and threats against a Pennsylvania apparel company during a trademark dispute are severe enough to support ordering Nike to pay attorney fees, a special master has said.
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September 27, 2024
NFL Retirement Plan Can't Dodge Ex-Player's Benefits Suit
The National Football League's retirement plan can't fully toss a retired player's suit alleging he was illegally denied retirement benefits after the plan found his rookie season didn't qualify him for it, a Texas federal judge ruled, rejecting the argument that he didn't properly appeal the denial.
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September 26, 2024
1st Circ. Won't Disturb Ex-DraftKings Exec's Noncompete
The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.
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September 26, 2024
NCAA, Athletes Make Tweaks To $2.78B NIL Settlement
The National Collegiate Athletic Association and the athletes suing over the organization's name, image and likeness compensation rules on Thursday presented some clarifications to their proposed $2.78 billion antitrust settlement after a California federal judge took issue with some of the deal's terms.
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September 26, 2024
SEC Fines DraftKings $200K Over CEO's Social Media Blasts
DraftKings agreed to pay a $200,000 fine to resolve U.S. Securities and Exchange Commission administrative charges that the online sports betting platform shared nonpublic sales growth information with some of its investors through its CEO's social media without disclosing the information to all investors, the agency said Thursday.
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September 26, 2024
NFL QB Haskin's Widow Defamed Dog Breeder, Suit Says
Current Kansas City Chiefs defensive tackle Mike Pennel Jr. and his dog breeder girlfriend are suing the widow of late Pittsburgh Steelers quarterback Dwayne Haskins for defamation after she allegedly publicly accused them of being frauds and stealing her dogs.
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September 26, 2024
Dartmouth Cites Loper Bright In Arguing Against Hoops Union
The conclusion that Dartmouth College men's basketball players are employees under federal labor law shouldn't receive deference under the U.S. Supreme Court's Loper Bright decision, according to a filing from the university, with the school refuting that it illegally refused to bargain with the players' union.
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September 26, 2024
New UFC Settlement Separates Cases, Ups Payout To $375M
The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.
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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.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Deferral Pointers For Employers After $700M Ohtani Deal
Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.
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Algorithmic Pricing Programs Caught In Antitrust Crosshairs
The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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The State Of Play In NIL, Compensation For Student-Athletes
Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.