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Sports & Betting
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February 13, 2024
Fla. Casinos Ask Justices To Undo Seminole Gaming Compact
Two Florida casino operators are asking the Supreme Court to reverse a lower federal court's decision that said a compact allowing online sports betting off tribal lands between the Sunshine State and the Seminole Tribe is lawful, arguing that the outcome of the case could set a nationwide precedent as an end-run around state and federal limitations in the Indian Gaming Regulatory Act.
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February 13, 2024
CEO Needn't Consent To CFO's Settlement, NY Court Says
A sporting goods company's former CEO does not get a say in the former CFO's $2.8 million settlement with a liquidating trust just because they're both insured under the same directors and officers policy, a New York federal judge ruled, calling the ex-CEO's interpretation of the policy "unreasonable and illogical."
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February 13, 2024
4th Circuit Sinks Golf Course's Suit Over Rezoning Bid
The owner of Hilton Head National Golf Club in South Carolina won't get a shot at developing a mixed-use project on its property after a panel of appeals judges agreed with a lower court's ruling that halted the project.
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February 13, 2024
Antitrust Issues To Watch In Sports Giants' Streaming Venture
Few details were provided in last week's announcement of a joint venture under which ESPN, Fox and Warner Bros. Discovery will combine their vast live sports portfolios into a single app. But as the companies work out the details of a project they hope to roll out this autumn, one thing is clear: The Justice Department is almost certain to take a look.
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February 13, 2024
Colo. Justice Says Something 'Wrong' With Ski Lift Waivers
A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.
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February 13, 2024
5th Person Pleads Guilty In Pa. Art, Sports Memorabilia Thefts
A fifth person has pled guilty to participating in a 20-year art and sports memorabilia theft ring that targeted Andy Warhol and Jackson Pollock paintings and Yogi Berra MVP plaques, among other items from institutions across the country.
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February 13, 2024
ESPN Bet To Launch In NY After Sports Betting Licenses Deal
Penn Entertainment Inc. revealed Tuesday that it is acquiring New York mobile sports wagering licenses from Kirkland & Ellis LLP-advised Wynn Interactive Holdings for $25 million, allowing the entertainment giant to launch ESPN Bet in the state.
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February 13, 2024
Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong
Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."
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February 13, 2024
Catching Up With Delaware's Chancery Court
A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.
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February 12, 2024
9th Circ. Sends Sports Buyers' Data Breach Suits To Arbitration
The Ninth Circuit on Monday backed a California federal judge's ruling that a group of consumers must arbitrate their claims in six proposed class actions against online sports apparel retailers after their personal information was exposed in a data breach.
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February 12, 2024
Activists Ask Justices To Reverse Calif. Tribal Casino Approval
An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.
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February 12, 2024
Boxer Sues For Chance To Earn Spot On Olympic Team
An Olympic hopeful is suing USA Boxing for his chance to earn a spot on the organization's boxing team after his win in a quarterfinal bout was overturned, preventing him from moving forward in his Olympic quest, only to be reversed again by an arbitrator.
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February 12, 2024
States Urge Court To OK Injunction Against NCAA's NIL Rules
Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.
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February 12, 2024
Customer Can Sue Closed Bowling Alley For Slip-And-Fall
A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.
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February 12, 2024
Amer Sports Follows IPO With Upsized $800M Debt Offering
Sports apparel and equipment company Amer Sports Inc. has priced an $800 million private bond offering, represented by Davis Polk & Wardwell LLP, an upsized debt sale that comes nearly two weeks after the company completed the year's largest initial public offering at $1.4 billion.
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February 12, 2024
Retail Biz Frasers Group Kicks Off New £80M Share Buyback
Frasers Group PLC said on Monday it will launch a new share repurchase scheme worth up to £80 million ($100 million) as it looks to cut back the size of its outstanding capital.
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February 09, 2024
Minor League Baseball Team Sues 'Traitor' For Costly Betrayal
The Jackson Generals baseball organization has sued a member of Minor League Baseball's board of trustees for the alleged "treason" of supporting Major League Baseball's formation of a new organization that resulted in 43 teams becoming disenfranchised and losing tens of millions of dollars in branding opportunities.
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February 09, 2024
NBA Star Says Tossing Suit Over Shoe Logo Is A Slam Dunk
NBA player LaMelo Ball, who has been accused of trademark infringement in connection with his signature Puma shoes, has asked a California federal judge to toss the lawsuit, saying the plaintiff doesn't own any rights to the trademark and is making "scurrilous" allegations against him.
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February 09, 2024
Fruit Of The Loom Entity Seeks Pay For Sports Complex Work
Fruit of the Loom subsidiary Russell Brands LLC said it's owed $256,000 for its work on the construction of an Ohio sports complex, telling an Ohio federal court that the builder, property owner and surety have failed to tender payment nearly a year after the work was completed.
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February 09, 2024
FSU Board Demands Dismissal Of ACC's Preemptive Suit
Florida State University is pushing for the dismissal of the Atlantic Coast Conference's North Carolina state lawsuit, saying it was prematurely filed to preempt the university's own suit against the conference, in an attempt to win a "race to the courthouse" and in violation of the conference's own rules.
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February 09, 2024
Skillz Wins $42.9M IP Trial Against Rival Accused Of Bot Fraud
A California federal jury awarded mobile game platform Skillz $42.9 million Friday in its patent infringement fight against rival AviaGames, which is currently facing a criminal probe into its purported use of bots.
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February 09, 2024
Bo Jackson Awarded $21M In Suit Alleging Family Shakedown
Dual-sport great Bo Jackson has been awarded more than $21 million in damages for an attempted shakedown scheme by Jackson's niece and nephew, who were found to have tried to stalk and harass Jackson into paying them $20 million.
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February 09, 2024
Bally Sports Waiting On OK For Deal On 2024 MLB Season
A Texas bankruptcy judge Friday told the owner of Bally Sports Network it can modify its broadcast deals with three Major League Baseball teams, but held off approving a resolution to its remaining disputes with MLB to give unsecured creditors time for a look at the deal.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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February 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis
A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.
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Meta VR Deal Shows 'Potential Competition' Theory Viability
A California federal court's recent denial of the Federal Trade Commission's motion to block Meta's purchase of virtual reality app developer Within is significant because it accepted that the actual and perceived potential competition theories are viable, and suggests companies exploring certain acquisitions should evaluate whether they may apply, say attorneys at Paul Weiss.
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Atty Conflict Discussions In Idaho Murder Case And Beyond
A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.
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Why The Original 'Rocket Docket' Will Likely Resume Its Pace
Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.
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False Ad Takeaways From Toss Of Suit Against Giants, Jets
The recent dismissal of a proposed false advertising class action against the NFL, the New York Giants and Jets, and MetLife Stadium shows how federal courts often bring a fair degree of skepticism to these types of suits, and that advertising claims shouldn't be judged in isolation, says Jeffrey Greenbaum at Frankfurt Kurnit.
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The Discipline George Santos Would Face If He Were A Lawyer
Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.
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Broncos Job Interview Offer Shows Risks Of Worker Litigants
The risks the Denver Broncos would have faced by interviewing or hiring coach Brian Flores, who filed a discrimination suit against the team in 2022, should inspire companies to take practical steps to minimize employees' ability to claim employer retaliation or access sensitive company data, says Christopher Deubert at Constangy.
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A Litigation Move That Could Conserve Discovery Resources
Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.
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Litigators Should Approach AI Tools With Caution
Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.
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5 Ways Attorneys Can Use Emotion In Client Pitches
Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.
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5 Keys To A Productive Mediation
Excerpt from Practical Guidance
Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.
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What New EU, UK Internet Safety Regs Mean For Platforms
The U.K. and the EU have recently produced new regimes for combating online harm, which will drastically change the way all digital platforms regulate user-generated content — and service providers will be required to take proactive measures rather than respond to takedown obligations, say Tessa Adams and Ron Moscona at Dorsey & Whitney.
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Evaluating The Legal Ethics Of A ChatGPT-Authored Motion
Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.
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6 Antitrust Compliance Tips For Employers From MLB Probe
Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.
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7 Tips To Increase Your Law Firm's DEI Efforts In 2023
Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.