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July 01, 2022
Supreme Court Embraces Originalism In 'Momentous' Term
The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.
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July 01, 2022
Pro Say & The Term Discuss A Historic Supreme Court Term
A U.S. Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.
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July 01, 2022
Brand Battles: Shopify Takes Aim At Rival's 'Shopee' TM
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Canadian e-commerce giant Shopify is trying to block Singaporean rival Shopee's efforts to register its name as a trademark — plus four other cases you need to know about.
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July 01, 2022
Miramax Says It Has Rights To 'Pulp Fiction' Screenplay, Too
Miramax owns the rights to both the "Pulp Fiction" film and screenplay, the studio said in California court Thursday, arguing that Quentin Tarantino cannot auction off exclusive scenes from the film as non-fungible tokens and urging the court to reject the filmmaker's attempt to get its copyright suit axed.
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July 01, 2022
Atlantic City Casino Workers Reach Tentative Labor Pact
Atlantic City's largest casino workers' union announced Friday that it reached a tentative agreement with four casino resorts, averting a strike of some 4,500 employees ahead of the July Fourth holiday weekend.
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July 01, 2022
OnlyFans, Meta Seek To Ax Adult Film Stars' Blacklisting Suit
OnlyFans and Meta Inc. have fired back at a proposed class of adult entertainers that claims the companies conspired to blacklist them from advertising on Facebook and Instagram in favor of OnlyFans users, asking a California federal judge to toss the case over lack of personal jurisdiction and failure to state a claim.
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July 01, 2022
Telemundo Escapes Ex-Worker's Sex Harassment Suit
A Florida federal judge handed Telemundo a win Friday on a former advertising salesperson's claims that her supervisor and another manager sexually harassed her, saying she didn't show the alleged mistreatment substantially affected her job nor did she timely alert the company.
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July 01, 2022
Meta Sinks Photo-Tagging Patents Under Alice
A California federal judge has granted Meta's calls to dismiss claims that photo-tagging features on Facebook and Instagram infringe a patent-holding company's technology, invalidating the asserted patents under Alice because they are abstract and lack an inventive element.
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July 01, 2022
Judge Halts Cheat Code Sales In 'Destiny 2' IP Feud
A Washington federal judge on Friday temporarily blocked a software company's sales of video game cheat codes in a copyright and trademark suit lodged by Bungie Inc., the developer of multiplayer game "Destiny 2," determining Bungie will likely succeed on claims that the codes illegally reproduce its product.
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July 01, 2022
Google To Pay $90M In Antitrust Deal With Smaller Developers
Google Inc.'s deal with smaller developers in a lawsuit in California federal court alleging its Play Store policies violate antitrust law includes a $90 million settlement fund in addition to commitments on fees and other issues.
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July 01, 2022
The Firms That Won Big At The Supreme Court
Oral arguments at the U.S. Supreme Court are always a singular experience, the more so this term as the justices returned to hearing cases in person after being remote last term.
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July 01, 2022
The Sharpest Dissents From The Supreme Court Term
Most of this term's U.S. Supreme Court dissents came from its left-leaning justices, who accused the conservative majority of voting politically, flouting decades of precedent and harming the legitimacy of the court itself.
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July 01, 2022
The Funniest Moments Of The Supreme Court Term
While considering weighty issues, the U.S. Supreme Court justices still found moments of levity during oral arguments, ribbing one another and Justice Stephen Breyer as he floated ever more fantastical hypotheticals during his final term on the bench.
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July 01, 2022
Top 3 Groups Lobbying The FCC
During the month of June, the Federal Communications Commission heard from lobbying groups on numerous issues, ranging from difficulties complying with rules for broadband subsidies to addressing privacy concerns raised about T-Mobile's services for hearing- and speech-impaired mobile customers.
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July 01, 2022
6 Biggest Cases Of This Texas Supreme Court Term
This term, the Texas Supreme Court recognized eminent domain authority for a $30 billion high speed bullet train that was critical to the project's future, overruled its own precedent to continue the court's tradition of giving litigants leeway to make procedural mistakes and expanded when judges can consider outside evidence in insurance disputes.
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July 01, 2022
Catching Up With Delaware's Chancery Court
A rising star who once shined in the First State's court of equity was nominated for a spot on the Third Circuit last week, as her former colleagues in Delaware Chancery Court pounded the gavel on a local abortion-related law and dismissed suits involving El Pollo Loco and the Pittsburgh Penguins.
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July 01, 2022
Copyright Office Says News Biz Needs Aggregators
The U.S. Copyright Office has come down against the idea of extending any new copyright protections for news organizations that complain about online aggregators stealing their content, claiming any changes would "likely be ineffective so long as publishers depend on news aggregators for discoverability."
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July 01, 2022
Museum Of Selfies' TM Suit Passes Muster, Fla. Judge Says
A Florida federal judge Friday let individual managers of Selfie Museum and Miami Selfie off the hook for claims they infringed the Museum of Selfies' trademark with copycat art exhibitions but refused to dismiss claims against the corporate defendants.
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July 01, 2022
The Chattiest Justice Of The Term Is ...
While little felt “normal” at the U.S. Supreme Court, the justices were largely back to their pre-pandemic habits when it came to speaking up from the bench, with one justice again standing out as the court's chattiest member this term.
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July 01, 2022
Breaking Down The Vote: The High Court Term In Review
The overturning of a long-standing precedent, the surprising leak of a draft opinion and the announcement of Justice Stephen Breyer's retirement all made for a tumultuous term at the U.S. Supreme Court. Here, Law360 takes a data dive into the numbers behind this court term.
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July 01, 2022
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a Belgian precious metals company going for gold in a claim against the Guinean Central Bank, the former nanny of Princes William and Harry seeking royal treatment in a case against the BBC, and betting company IG Index looking to hit the jackpot in a legal battle with property tycoon Robert Tchenguiz over unpaid debt. Here, Law360 looks at these and other new claims in the U.K.
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July 01, 2022
Ex-Coach Gets 30 Months In Longest 'Varsity Blues' Term
Former Georgetown University tennis coach Gordon Ernst received the longest sentence in the "Varsity Blues" college admissions case Friday, as a federal judge handed down a two-and-a-half-year term for the "egregious" conduct of reeling in at least $3.5 million in bribes.
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June 30, 2022
Big Tech Common Carrier Fight Teed Up With Justices In Sight
The stage may be set for a landmark First Amendment ruling tailored for the digital age after the Eleventh Circuit paused its recent order partially blocking a Florida law that prohibits social media companies from blocking political candidates.
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June 30, 2022
IP Forecast: Apple Foe Looks To Revive Axed $308M Verdict
The Federal Circuit next week will consider whether a Texas judge made the right call in throwing out a patent-holding company's $308.5 million jury verdict against Apple by using a rarely invoked rule meant to punish slow-walking applications at the patent office. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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June 30, 2022
NJ Casino Workers Ready To Strike Over Wage Impasse
New Jersey casinos owned by Caesars Entertainment, MGM Resorts and Hard Rock International are in danger of losing millions of dollars and a workforce just ahead of the July Fourth holiday weekend, an Atlantic City-based labor union said Thursday, as 6,000 employees prepare to strike for better wages by a Friday deadline if a deal isn't reached.
Expert Analysis
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Watching The Legal Sports Betting Ecosystem Take Shape
The number of U.S. states getting in on the recently legalized $4.29 billion sports-betting industry is on the rise, and stakeholders must be aware that the regulatory scheme looks dramatically different from state to state, say James Johnston and Louis DiLorenzo at Davis+Gilbert.
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Make Room For Serendipity In Your Legal Job Search
Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.
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Ethics Considerations For Attorneys Joining Nonprofit Boards
Excerpt from Practical Guidance
Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.
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Mental Health Record Discovery Lessons In Bryant Crash Suit
The high-profile California federal court dispute between Kobe Bryant's widow and Los Angeles County over emotional distress is an important one for understanding the ability to use mental health records and the psychotherapist-patient privilege in a lawsuit, say Lee Brenner and Ethan Ames at Venable.
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What 'The' OSU Trademark Win Means For Businesses
Ohio State University's successful argument to the U.S. Patent and Trademark Office that the word "The" is essential to its brand gives OSU the opportunity to assert its mark, and college administrators and small T-shirt business owners seeking to establish a brand or business name would do well to utilize a number of tools available to help avoid conflicts, says David Newman at Mahamedi IP.
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Opinion
Now's The Time To Address Archaic Law School Curricula
With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.
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Lessons From Lawyer Fee-Sharing Agreements Gone Wrong
The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.
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LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue
A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.
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Counting Down To New Year's Day Sports Betting In Ohio
While Ohio's first legal sports bets can't be placed until Jan. 1, 2023, a key factor making its extended preparation period more palatable is H.B. 29's scope — broader than many states' laws — covering all commercial access points to betting, and permits betting on esports, Olympic, college and professional events, says Jake Nicholson at Roetzel & Andress.
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Depp Verdict Shows Why Va. Is Ideal Defamation Claim Venue
In the wake of Depp v. Heard, it is worth noting that factors unique to Virginia — including the state's weak anti-SLAPP legislation, amenability to personal jurisdiction and limits on summary judgment for defendants — make it a favorable venue for defamation plaintiffs, say attorneys at Holland & Knight.
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Understanding Georgia's New Worker Classification Law
A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.
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Force Majeure Claims Amid New Supply Chain Disruptions
Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.
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8 Steps To Creating A Legal Ops Technology Road Map
Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.
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How High Court May Tackle Fair Use In Warhol Case
After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S. Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter.
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The Importance Of Data And Data Analysis In Litigation
Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.