The Second Circuit appeared poised Friday to reverse U.S. District Judge Jed S. Rakoff's dismissal of former vice presidential candidate Sarah Palin's suit accusing The New York Times of publishing a defamatory editorial, with a panel member saying the judge usurped the role of a jury in examining the mindset of the writer.
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TOP NEWS

2nd Circ. Looks Set To Reverse Rakoff On Palin's NYT Suit

The Second Circuit appeared poised Friday to reverse U.S. District Judge Jed S. Rakoff's dismissal of former vice presidential candidate Sarah Palin's suit accusing The New York Times of publishing a defamatory editorial, with a panel member saying the judge usurped the role of a jury in examining the mindset of the writer. Read full article »

Cadwalader Asks For Court's Help With Settlement Talks

A week before trial is scheduled to begin, Cadwalader Wickersham & Taft told a New York state court on Friday that there is still the potential to settle a legal malpractice suit brought by Washington Redskins owner Dan Snyder but that the court must step in to ensure decision makers will be at the table. Read full article »

Feature

5G Uses And Regulatory Hurdles: What You Need To Know

As the 5G technology standard takes shape and major wireless carriers push to make the service commercially available by next year, experts have identified virtual reality, self-driving cars and artificial intelligence as some of the top applications for the souped-up wireless networks. But regulatory hurdles and legal questions still beset the innovations. Read full article »

Ex-Manager Hits Rock Hall Of Famer With Contract Suit

The former business, tour and production manager of Nile Rogers sued the musician in New Jersey state court, alleging the recent Rock & Roll Hall of Fame inductee flouted their long-running partnership when his attorney fired the manager in March. Read full article »

Country Singer's Pub Didn't Infringe 'Descriptive' TM: 6th Circ.

The Sixth Circuit has affirmed a lower court’s decision favoring a restaurant chain run in partnership with country singer Dierks Bentley, saying none of the arguments raised in Nashville pub The Row’s infringement suit over the chain’s "Whiskey Row" trademark alter the conclusion that its own mark is merely descriptive. Read full article »

Brand Battles: Red Sox Aim To Strike Out 'Green Monstah' TM

In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Boston Red Sox talk about New England accents in an effort to shut down a reference to Fenway Park, Discovery Channel picks a fight with Alibaba, and Anheuser-Busch targets a "Bud" mark. Read full article »

INTELLECTUAL PROPERTY

2nd Circ. Tosses ‘Light Between Oceans’ IP Suit

The Second Circuit on Friday affirmed the dismissal of a screenwriter's suit accusing Simon & Schuster and Dreamworks of stealing his screenplay for use in the movie "Light Between Oceans," ruling there were not enough similarities between his script and a published book and movie to accuse the companies of ripping off his work. Read full article »

PRIVACY & CONSUMER PROTECTION

DirecTV User Fights To Keep Law, Audit Firms In RICO Case

An auditor and a law firm accused of extorting hundreds of people by demanding money for alleged misuse of DirecTV showed a pattern of racketeering activity that should prevent them from escaping a proposed class action, a consumer told a New Jersey federal judge Friday.    Read full article »

Facebook Users In 9th Circ. Stand By Privacy Claims

Several Facebook Inc. users stood strong in their Ninth Circuit bid to revive multidistrict litigation accusing the social media giant of unlawfully tracking people's browsing activity after they sign out, asserting that the company's view that they deserve no recourse for its knowing deception defies "common sense and common decency." Read full article »

SECURITIES & WHITE COLLAR

Pa. Judge Defends Axing Ex-DA's Suit Against Cosby Accuser

A trial judge is urging a Pennsylvania appeals court to uphold her ruling axing claims from a former Montgomery County district attorney alleging that Andrea Constand, whom comedian Bill Cosby was convicted for sexually assaulting in April, tanked his bid to regain public office by targeting him with a "bogus" defamation lawsuit. Read full article »

TELECOMMUNICATIONS

Upcoming Emergency Alert To Test 'Presidential'-Level Blast

An Oct. 3 test message will become the first presidential-level emergency alert aimed at all of the mobile-phone users in the country, senior officials with the Federal Emergency Management Agency and the Federal Communications Commission said Friday. Read full article »

GAMBLING

3rd Circ. Sides With Casinos In Gambler's Suit Over Perks

The Third Circuit has upheld a New Jersey lower court's ruling that favored two Atlantic City casinos in a "high roller’s" suit claiming the casinos unlawfully promised him coupons and free amenities to gamble at their establishments but failed to back up their offers, finding that the gambler misunderstood the offers and saying "the house always wins." Read full article »

Atlantic City's Woes Stem From Relying On Casino Tax: Report

A report by the state of New Jersey has outlined the history and causes of Atlantic City's financial woes, linking its problems to the city's reliance on casino tax revenues, and recommended imbuing the tax assessor with more power. Read full article »

REAL ESTATE

Real Estate Rumors: Broadcast Music, IDI Logistics, WeWork

Broadcast Music has reportedly signed a 16-year lease for its 61,390-square-foot Manhattan space, IDI Logistics is said to have landed $16.58 million in financing for a Florida project and WeWork is reportedly leasing 60,000 square feet in New York. Read full article »

BANKRUPTCY

Battle Brewing Over Weinstein's Info Request In Del. Ch. 11

The Weinstein Co. Holdings LLC filed an objection on Thursday in Delaware bankruptcy court to what it claims is a "burdensome" request by Harvey Weinstein seeking documents about his rights to certain films and projects. Read full article »

EXPERT ANALYSIS

If Editorial Content Includes Affiliate Links, Is It An Ad?

A recent decision from the National Advertising Division involving content in Buzzfeed’s “Shopping Guide" provides important guidance to advertisers and publishers, particularly with respect to distinguishing between editorial content and advertising, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC. Read full article »

Signs Of Renewed SEC Interest In Key Performance Indicators

Key performance indicators have been a topic of concern for the U.S. Securities and Exchange Commission for some time, but enforcement actions have been less prevalent. Recent actions coupled with statements by commission officials, however, suggest that KPIs may become more of a focus for the current SEC, say Brooke Clarkson and Jessica Matelis of Foley & Lardner LLP.  Read full article »

Cloud Computing Clearly The Future For Small Firms

While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC. Read full article »

LEGAL INDUSTRY

Why Associates Are Taking A Pay Cut To Go In-House

In-house legal departments are continuing to snag young, talented attorneys from BigLaw firms in spite of a pay gap accentuated by a recent spate of associate raises, with nonmonetary perks luring associates away from law firms and into corporations. Here, three nonmonetary perks that lure associates away from law firms and into corporations. Read full article »

Analysis

GOP 'Cultural Blindness' Comes Under Fire In #MeToo Era

Despite the long-lasting bitterness over Justice Clarence Thomas’ confirmation and the rise of the #MeToo movement, Republicans are putting politics above process by rushing their inquiry into sexual assault allegations against D.C. Circuit Judge Brett Kavanaugh, experts tell Law360. Read full article »

Ginsburg Warns Court Nominees Against Spelling Out Views

U.S. Supreme Court Justice Ruth Bader Ginsburg on Friday appeared to defend the reticent answers of recent high court nominees to lawmaker questions on hot-button legal issues, telling a Columbia Law School audience that during her own confirmation hearings, it would have been "improper" for her to comment on topics that might come before the bench. Read full article »

Interview

Goodwin's PropTech Group Eyes A Burgeoning Sector

Goodwin Procter LLP says it's the first major law firm in the U.S. to set up a practice group devoted to the intersection of real estate and technology, and co-leaders of Goodwin's so-called PropTech group recently told Law360 their firm is ideally suited to tackle the complex multibillion-dollar intersection of the two practice areas. Read full article »

Golden State Warriors Name David Kelly Chief Legal Officer

The Golden State Warriors have announced that David Kelly, in his eighth season with the organization, has been promoted from general counsel to chief legal officer for business and basketball. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

New survey results showed that the hurdles faced by legal operations professionals are changing as the role increases in popularity, a top Mitsubishi attorney claimed the company illegally refused to promote her to general counsel because of her gender, and six companies set price ranges on initial public offerings estimated to raise $465 million combined. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article »

Podcast

Law360's Pro Say: Manafort Plea Spells Trouble For Skadden

Skadden Arps Slate Meagher & Flom LLP has long denied any wrongdoing in its involvement in Paul Manafort's shady lobbying for pro-Russian figures, but the plea deal Manafort struck with prosecutors last week seems to contradict some of the elite BigLaw firm's claims. Law360 senior reporter Andrew Strickler joins the Pro Say podcast this week to break it all down.   Read full article »

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