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  • July 2, 2018

    PTAB Must Mull All Grounds In Nike IPR, Fed. Circ. Says

    Under the U.S. Supreme Court’s recent SAS Institute decision, the Patent Trial and Appeal Board must consider all grounds for challenged claims in an inter partes review, the Federal Circuit said Monday in reviving Adidas’ challenge of two Nike shoe patents after the PTAB only considered one of Adidas’ arguments for invalidity.

  • July 2, 2018

    NCAA Says Transfer Ruling Proves Athletes Are Amateurs

    The NCAA is already pointing to a decision by the Seventh Circuit upholding its transfer restriction rule to argue that the Ninth Circuit should not revive a separate proposed wage-and-hour class action, saying the Seventh Circuit's decision proves its athletes are amateurs and not employees.

  • July 2, 2018

    Pro Leagues, Colleges Sue Sites Pitching Bootleg Merch

    The licensing arms of the National Basketball Association, Major League Baseball and the National Hockey League filed a lawsuit against a group of online stores in Illinois federal court Monday, claiming they are selling counterfeit merchandise and conning customers into thinking it’s the real thing.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

  • June 29, 2018

    College Hoops Corruption Defendants Denied Evidence

    A New York federal judge declined Friday to force prosecutors to provide evidence to former Adidas employees and a former NBA agent charged with participating in a corrupt scheme to co-opt promising high school athletes.

  • June 29, 2018

    No Workers' Comp In Calif. For Ex-NFL Player, Court Says

    A California state appeals court Thursday found a former National Football League player can’t stake a claim in California for workers’ compensation benefits, saying he was hired out-of-state and only played two games in the state out of a 110-game career.

  • June 29, 2018

    College Sports Face New Integrity Worries With Legal Betting

    Legal sports betting is beginning to spread in the U.S. in the wake of the U.S. Supreme Court’s decision to strike down a federal law that had stood in the way, raising particular integrity concerns for college sports that schools and colleges are going to have to address.

  • June 29, 2018

    MLB Network Sued For Playing Song Without License

    The Major League Baseball Network distributed a song composed by Yesh Music LLC among its employees and broadcast the song on its television show without permission, infringing Yesh Music's copyrights, the company alleged in New York federal court Friday.

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 28, 2018

    NFL Fines Panthers Founder $2.8M For Workplace Misconduct

    The National Football League on Thursday fined Carolina Panthers outgoing owner Jerry Richardson $2.75 million following an investigation led by former U.S. Securities and Exchange Commission chair Mary Jo White that found a pattern of workplace misconduct, including sexual harassment.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    Madison Square Garden To Explore Knicks, Rangers Spinoff

    The Madison Square Garden Co. said it is considering spinning off its sports franchises, including the New York Knicks and Rangers, into a separate publicly owned company.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    FanDuel Tells Ind. Justices Fantasy Sports Are 'Newsworthy'

    DraftKings and FanDuel faced off Thursday against college athletes suing the fantasy sports platforms for using their names and statistical information without permission, with both sides duking it out before the Indiana Supreme Court to determine whether fantasy sports fall within a newsworthiness exception to the Hoosier State’s right of publicity law.

  • June 28, 2018

    Ex-Baylor Official Can't Revive Pepper Hamilton Report Claims

    A former Baylor University football official has lost his bid to resurrect the defamation claims he brought against the university, its regents and Pepper Hamilton LLP following the release of the firm's report examining the school's response to sexual assault allegations, after a Texas appellate court nixed the request.

  • June 28, 2018

    Insurers Want Out Of Coverage For Drowning At Fla. Park

    Two insurers that underwrote a liability policy for Florida recreational and camping park Vortex Springs asked a federal court on Wednesday to declare that they do not have to defend the facility over the drowning death of a 19-year-old man because Vortex Springs did not have a lifeguard on duty as required by the policy.

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 3

    John Villafranco

    Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • Sports Bet Decision Reveals Hidden Preemption Requirement

    Lawrence Ebner

    In holding that the Professional and Amateur Sports Protection Act’s anti-authorization provision is not a preemption provision, the U.S. Supreme Court's decision this week in Murphy v. NCAA provides a fascinating, and potentially far-reaching, clarification of the nature of federal preemption, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Lessons From 4 Recent Athlete Insurance Lawsuits

    Richard Giller

    This month, former University of Arkansas star running back Rawleigh Williams III sued Lloyd's of London, seeking to recover $1 million under a permanent total disability insurance policy. This is one of several recent cases shining a spotlight on the murky world of specialized athlete policies and the brokers who procure such policies, says Richard Giller of Reed Smith LLP.