• October 17, 2017

    Deals Rumor Mill: SpringerNature, Pure Group, Deutsche Bank

    SpringerNature is readying an initial public offering that could value the educational publishing business at up to €4 billion, private-equity-backed yoga and fitness center operator Pure Group is for sale, and the IPO of Deutsche Bank’s asset management division could raise €2 billion.

  • October 17, 2017

    Liberty Needn't Cover Client's $3M Expenses In SEC Probe

    The Tenth Circuit found Tuesday that a U.S. Securities and Exchange Commission announcement of an investigation is not an allegation or request for relief, and thus doesn't trigger coverage under a sports nutrition company’s policy with Liberty Insurance Underwriters Inc., even though the client shelled out $3 million responding to the probe.

  • October 17, 2017

    Big Leagues Go To Bat For Federal Sports Betting Ban

    The NCAA joined the NFL and other major professional sports leagues to hit back Monday at claims that a federal prohibition on state-authorized sports betting is unconstitutional, arguing before the U.S. Supreme Court that the law does not force states to enact or administer federal policy.

  • October 16, 2017

    Union Lobs Counterclaims In Ezekiel Elliott Suspension Row

    The NFL players union won’t wait for the Fifth Circuit to rectify the “procedural limbo” it said the appeals court left it in to try to free Dallas Cowboys running back Ezekiel Elliott from a six-game suspension, urging the New York federal judge overseeing the NFL’s adjoining suit to grant it an emergency order blocking his suspension Monday.

  • October 16, 2017

    Performance Sports, Pension Fund Spar Over Class Claim

    Bankrupt athletic equipment maker Performance Sports Group argued Monday in Delaware to disallow a potential class claim from a pension fund that alleges company brass misled investors about the company’s financial performance and business plans before a restatement of its finances in 2016.

  • October 16, 2017

    Kaepernick Grievance Tough To Prove In Face Of Controversy

    Free-agent quarterback Colin Kaepernick has filed a labor grievance alleging the NFL and its teams have colluded to keep him out of the league for spearheading national anthem protests last season, a charge that could destabilize the league’s labor agreement if he can manage to prove it. 

  • October 16, 2017

    Electronic Arts Fires Back At Coder's High Court Appeal

    Video game industry giant Electronic Arts has hit back at a former computer programmer's Hail Mary attempt to revive copyright claims to "John Madden Football," telling the U.S. Supreme Court that offering expert testimony instead of evidence should remain out of bounds.

  • October 16, 2017

    Norwest Signs $111M Deal To Recap Canadian Fitness Chain

    Minnesota middle market private equity firm Norwest Equity Partners has inked an agreement to recapitalize Canadian health club chain Movati Athletic Group with help from a $111 million loan arranged by Antares Capital, according to a statement on Monday.

  • October 16, 2017

    Winston & Strawn Nabs Fish & Richardson Litigator In Dallas

    Winston & Strawn LLP has added to its Dallas office a trial lawyer specializing in commercial and securities litigation who successfully represented NBA team owner Mark Cuban against civil insider trading claims brought by the U.S. Securities and Exchange Commission.

  • October 16, 2017

    NFL Concussion Deal Proceeds Can't Be Sold Off, Court Told

    Class counsel in multidistrict National Football League concussion litigation on Friday urged a Pennsylvania federal judge to rule that an uncapped settlement agreement prohibits players from assigning their payouts to a third party, hitting back at claims by a settlement advance firm accused of scamming NFL retirees with high-cost loans.

  • October 13, 2017

    Brand Battles: CVS, Adidas, Monster Energy, Amazon

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, CVS gets into another heart-shaped dispute, Adidas targets Turner Sports over the "three-stripe mark," Monster Energy files a whopping five new cases, and Amazon faces a fight from a venerable Texas brewery over its "wicked" new food brand.

  • October 13, 2017

    Ex-Racer Can't Get New Trial On Fraud Conviction

    Former partners Tommy C. Constantine and Phillip A. Kenner are not entitled to a redo after being convicted in 2015 of orchestrating a multimillion-dollar fraud that preyed on professional hockey players and Long Island businessmen, a federal judge ruled Friday.

  • October 13, 2017

    NCAA Says UNC 'Sham' Classes Didn't Violate Rules

    An NCAA panel on Friday ruled that the University of North Carolina at Chapel Hill didn’t violate association policy because “sham” classes at the heart of the case were open to the general student body, not just student-athletes.

  • October 13, 2017

    Trump Golf Club Members Ask 11th Circ. To Back $5.7M Win

    Members of a Donald Trump-owned Florida golf club asked the Eleventh Circuit on Friday to uphold a ruling ordering the club to refund roughly $5.7 million to members who had resigned before Trump's 2012 purchase, arguing that the lower court correctly construed their membership agreements.

  • October 13, 2017

    9th Circ. Urged Not To Rethink Ruling On Coach’s Prayer

    A Washington state school district on Thursday urged the Ninth Circuit to hold fast to its ruling saying that a high school had the right to stop a former football coach from praying on the field after games, hitting back at claims that the ruling stomped on the First Amendment.

  • October 13, 2017

    Auto Racer, Atty Guilty Of Running Predatory Loan Empire

    A Manhattan jury Friday found auto racer Scott Tucker and his attorney Timothy Muir guilty of operating a $2 billion criminal payday loan empire that preyed on millions of vulnerable borrowers and entered into sham deals with Native American tribes in a cynical effort to evade consumer lawsuits and law enforcement.

  • October 13, 2017

    USCIS Told To Revisit NJ Co.'s Bid For Soccer Coach Visas

    A New Jersey federal judge on Friday ordered U.S. Citizenship and Immigration Services to re-evaluate its ruling denying partial approval of a visa petition made by a company for 10 foreign soccer coaches, saying the agency failed to explain its reasons for the decision.

  • October 13, 2017

    Footwear Importer To Pay $1.6M Fine, Other Shoe Yet To Drop

    The U.S. Court of International Trade granted the U.S. government a $1.6 million summary judgment award against a shoe importer Thursday over “grossly negligent” product misclassification, and left a penalty of up to $20.8 million on the table pending other questions in the case.

  • October 13, 2017

    Elephant Trophy Ban Faces Tough DC Circuit Bench

    A skeptical D.C. Circuit panel Friday suggested the U.S. Fish and Wildlife Service bypassed its required rulemaking process when it banned imports of sport-hunted African elephant trophies from Zimbabwe.

  • October 12, 2017

    Union Attempt To Beat NFL To Court Over Elliott Backfires

    Dallas Cowboys running back Ezekiel Elliott’s six-game domestic violence suspension is back on the table as the Fifth Circuit ruled the players union filed suit prematurely, meaning the union’s preemptive legal strategy to beat the NFL to federal court may have backfired, at least for now. 

Expert Analysis

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Opinion

    September Madness: Problems With NCAA Corruption Case

    Randall Eliason

    I'm not saying the charges filed last month against 10 individuals in a college basketball corruption scheme are legally flawed — not all of them, anyway. But I do question whether bringing multiple felony charges on these facts is sound exercise of prosecutorial discretion, says Randall Eliason, a former federal prosecutor.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • Did Trump Ask The NFL To Break The Law?

    David Gottlieb

    President Donald Trump has publicly advocated for NFL owners to fire players who refuse to stand for the national anthem at football games. This raises the question: Would it be unlawful to fire an employee for refusing to do so, if the basis were to protest perceived societal racial injustice? asks David Gottlieb of Wigdor LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.