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  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    Enviros Can’t Use CWA In Sewage Dumping Suit, Resort Says

    A New England resort has told a Massachusetts federal judge that its sewage disposal system isn’t subject to the Clean Water Act, slamming an environmental group’s suit over alleged pollution of Cape Cod’s waterways as an “unprecedented” attempt to expand federal control over septic systems.

  • December 3, 2018

    Justices Kick Out Hacky Sack Champ's Suit Against Wendy's

    The U.S. Supreme Court on Monday denied for the second time a suit from the holder of the world record for most consecutive kicks of a footbag, or hacky sack, who had argued that Wendy’s International illegally used his name in promoting kids' meals.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    Marriott Hack Shows High Premium Placed On Travel Details

    Marriott International Inc. drew immediate regulatory and consumer backlash in the wake of its Friday disclosure of a data breach impacting up to 500 million guests at its Starwood properties, and the fallout is far from over, given that the hackers likely lifted a bevy of travel details that could be used to orchestrate further attacks, experts say. 

  • November 30, 2018

    FTC Says Belize Real Estate Project Scammed 1K Investors

    A Federal Trade Commission suit unsealed Thursday alleges that a group of companies and their officers perpetuated the largest offshore real estate scam ever targeted by the commission, selling lots to more than 1,000 individuals in a southern Belize real estate development that has not been completed despite raking in more than $100 million.

  • November 30, 2018

    Brand Battles: Brewery Says 'Team 6' Isn't Like Navy SEALs

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, a brewery fights for a "Team 6" trademark after an examiner claims a link to a famous team of Navy SEALs, the Washington Nationals pick a fight with Starwood Hotels over "W," and Warner Bros. teams up with WhatsApp to block a reference to Bugs Bunny's famous catchphrase.

  • November 30, 2018

    Real Mex Asks For More Time To Consider Ch. 11 Plan Filing

    The parent company of bankrupt casual dining chain Real Mex asked a Delaware judge Friday to extend the time frame during which it has the exclusive right to file a Chapter 11 plan to give it more time to work through the claims filed against its estate.

  • November 30, 2018

    Fosun Tourism Launches IPO That Could Raise $548M

    A Fosun International Ltd. tourism unit said Friday it expects to raise as much as HK$4.28 billion ($548 million) when the business, which includes all-inclusive vacation company Club Med, goes public in the next few weeks.

  • November 30, 2018

    3rd Circ. Upholds Rent Recoupment Plan In Casino Ch. 11

    A Third Circuit panel on Friday upheld a nightclub and beach club owner’s lease agreement with the new owners of a casino that filed for Chapter 11, ruling that the Bankruptcy Code and the doctrine of equitable recoupment entitle the owner to reduce his rent obligation in keeping with the lease agreement he held with the casino.

  • November 30, 2018

    Landlord Loses 5th Circ. Rehearing Bid In Lease Case

    The Fifth Circuit has refused a Texas shopping center landlord’s bid for a rehearing in a liability insurance case, finding that the insurer does not have to provide coverage for the landlord’s failure to complete commercial lease negotiations with a new restaurant on time.

  • November 30, 2018

    Robbins Geller Wins Lead In Papa John's Stock-Drop Suit

    A Manhattan federal judge on Friday cleared the way for an Oklahoma institutional investor represented by Robbins Geller Rudman & Dowd LLP to lead a proposed class targeting Papa John's International Inc. in a stock-drop suit tied to former chairman and CEO John Schnatter's allegedly abominable workplace behavior.

  • November 30, 2018

    Ticketmaster Collusion Claims Could Spur Federal Regulation

    High prices and fees for tickets to popular sports and entertainment events have long drawn complaints from consumers, but recent allegations that Ticketmaster is monopolizing the secondary market have shined a light on the anti-competitive practices experts say are plaguing the industry and may prompt federal regulators to get involved.

  • November 29, 2018

    Homeowner Sues Miami Beach Over Short-Term Rental Ban

    A Miami Beach homeowner is challenging a city ordinance restricting short-term rentals on platforms like Airbnb, claiming the city has imposed “constitutionally excessive” fines and cut off electricity and water for violations.

  • November 29, 2018

    Foreign Investors Drop Ski Resort Ponzi Scheme Suit

    A group of foreign investors on Wednesday voluntarily dismissed a complaint filed in Vermont federal court against People's United Bank claiming they were hurt by a Ponzi scheme in which the bank allegedly misappropriated their funds for the failed Jay Peak Ski Resort project.

  • November 29, 2018

    7th Circ. Avoids DFS Legality, Ends Publicity Rights Suit

    The Seventh Circuit declined Thursday to determine whether daily fantasy sports violated Indiana criminal law, putting an end to a proposed class action of college athletes seeking to stop DraftKings and FanDuel from using their names, likenesses and statistics without permission.

  • November 29, 2018

    3rd Defendant Cops To Fitness Co. Insider Trading Scheme

    A woman charged with helping her boyfriend facilitate an insider trading scheme once they learned Life Time Fitness Inc. would be taken private pled guilty Thursday to a conspiracy charge for her role in the operation.

  • November 29, 2018

    Ariz. Justices Nix Hopi Tribe's Suit Over Artificial Snow

    A divided Arizona Supreme Court ruled Thursday that the Hopi Tribe can’t bring a public nuisance suit based on its religious objections to an Arizona ski resort’s use of artificial snow made from wastewater, overturning a lower court decision in favor of the tribe.

  • November 29, 2018

    Oakland A's Unveil Plans For New Waterfront Ballpark

    The Oakland Athletics on Thursday unveiled plans to build a new privately funded stadium near downtown and redevelop the site of the current Oakland Coliseum into a park and tech hub in a serious move for the team to remain in Oakland long-term.

  • November 29, 2018

    Jewish-Americans Slam Airbnb For West Bank Listing Ban

    A group of Jewish-Americans has accused Airbnb Inc. of anti-Semitism and religious discrimination, according to a lawsuit filed in Delaware federal court, over the short-term home rental website's decision last week to remove listings in the Israeli-occupied West Bank.  

Expert Analysis

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • The Fight Against No-Poach Agreements Is Expanding

    Paul Eckles

    Washington state's attorney general has reportedly reached agreements with 30 national chains to remove no-poach clauses from their U.S. franchise contracts. A flurry of private lawsuits has followed, and other states are beginning investigations. Franchises must prepare for scrutiny, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • 9th Circ. Decision Poses Employer Tip Credit Challenges

    Margaret Grover

    The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Beware Litigating Against Tribal Entities In Federal Court

    Richard Duncan

    Two recent decisions demonstrate the difficulty of keeping commercial disputes involving Indian tribes in federal court — and the risks to parties assuming they can adjudicate disputes against tribal businesses in the same way they litigate disputes with nontribal entities, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.