• September 22, 2017

    Mass. Case May Lead Policyholders To Limit Litigation Costs

    Massachusetts' highest court recently agreed to review a ruling that shoe maker Vibram's insurance companies can't recoup the sums they paid to defend the company in a trademark dispute, and attorneys say a ruling that the insurers do have a right to reimbursement could lead policyholders to try to limit their litigation costs.

  • September 22, 2017

    Ex-Attys Ask For Way To Get Paid In $350M EB-5 Fraud Case

    Former attorneys for embattled Jay Peak ski resort owner Ariel Quiros asked a Florida federal judge Friday to modify an asset freeze in the $350 million EB-5 visa fraud suit against their ex-client to allow them to be paid. 

  • September 22, 2017

    Rams Fans Want Info On Seat License Pricing At LA Stadium

    A proposed class of Rams fans whose season tickets were canceled when the team moved to LA asked a Missouri federal court on Friday to force the NFL team to hand over documents related to its discussions over pricing personal seat licenses at its new stadium, arguing they're relevant as the Rams have refused to give them a chance to purchase the new licenses.

  • September 22, 2017

    5th Circ. Won't Rehear $4.4M Yahoo March Madness Ruling

    The Fifth Circuit on Friday said it will not reconsider a panel's determination that Yahoo Inc. owes $4.4 million after backing out of a deal with prize insurer SCA Promotions Inc. involving a March Madness contest, cementing the reversal of a district court ruling originally awarding the internet giant a $550,000 refund.

  • September 22, 2017

    Olympian Urges 2nd Circ. To Rethink NBC Royalty Row Ruling

    Olympic gold medalist Oksana Baiul on Thursday urged the Second Circuit to reconsider a decision affirming judgment for NBC in her royalty suit over a 1994 TV special, arguing that the ruling runs afoul of precedent from the appeals court itself and the U.S. Supreme Court.

  • September 22, 2017

    Pa. Appeals Court Urged To Uphold Ex-PSU Prez's Conviction

    While conceding that ex-Penn State University President Graham Spanier had raised compelling arguments to undercut his recent conviction on child endangerment charges stemming from the Jerry Sandusky sex abuse scandal, the trial judge who oversaw the closely watched criminal case urged an appeals court on Friday to uphold the verdict.

  • September 21, 2017

    Donald Sterling Can’t Trim Attys’ Suit Over Clippers Work

    A California judge Thursday rejected a bid by former Los Angeles Clippers owner Donald Sterling to toss a breach of contract claim from a suit alleging he didn’t pay a $271,000 tab for two law firms’ work fighting his basketball team’s sale, but allowed Sterling’s wife to ditch the litigation.

  • September 21, 2017

    Hernandez's Daughter Sues NFL, Patriots After CTE Diagnosis

    The NFL’s and the New England Patriots’ negligence led Aaron Hernandez, the star football player who committed suicide earlier this year while serving a life sentence for murder, to develop “the most severe case” of the brain disease chronic traumatic encephalopathy seen in a person his age, his daughter claimed in a Thursday lawsuit.

  • September 21, 2017

    Sports Agency Ex-Worker Must Arbitrate Gender Bias Claims

    A California judge on Thursday ordered a former Independent Sports & Entertainment employee to arbitrate claims that the sports agency paid her less than comparable male employees and subjected her to discriminatory treatment, after the woman did an about-face and said she wouldn’t oppose the arbitration motion.

  • September 21, 2017

    3rd Circ. Affirms Coach Not Liable In Brain Injury Suit

    A Third Circuit panel affirmed on Thursday a lower court's decision to end a liability suit brought by a high school football player’s family against a coach and a Pennsylvania school district after the player sustained a traumatic brain injury during practice, finding that the coach qualifies for immunity.

  • September 21, 2017

    AGA Calls For Unity With Native Group On Sports Betting Ban

    The American Gaming Association on Thursday asked members of the National Indian Gaming Association to continue working alongside the AGA in its efforts to get the federal prohibition on sports gambling lifted.

  • September 21, 2017

    Okla., Ohio State Universities Settle 'OSU' Trademark Row

    Oklahoma State University and Ohio State University have agreed to both use the “OSU” trademark nationwide after a dispute arose following Ohio State University’s application for the “OSU” trademark on clothing and apparel, with the schools saying their separate uses of the mark likely won’t cause any confusion.

  • September 21, 2017

    Baseball Legend Licensing Fight Needs A Pause, Court Told

    An Indiana licensing management company asked a Florida federal judge Wednesday to stay discovery in a “predatory action” by a Florida company alleging infringement of marketing rights for the likeness of baseball legend Honus Wagner until she rules on its upcoming motion to dismiss or transfer the case.

  • September 21, 2017

    Health App Settles FTC Claims Over Broken Customer ‘Pacts’

    Pact Inc. has agreed to pay $940,000 to settle allegations that its mobile application falsely promised to pay users for meeting weekly exercise or diet goals, which the company calls “pacts,” and for continuing to charge them after the service was canceled, the Federal Trade Commission announced Thursday.

  • September 21, 2017

    SoulCycle Customer Can’t Intervene To Challenge Settlement

    A California federal judge presiding over a lawsuit accusing SoulCycle of selling illegally expiring certificates for its classes blocked a bid by a customer bringing his own lawsuit against the indoor cycling club to intervene and challenge a pending settlement, saying Wednesday that the request came too late.

  • September 21, 2017

    Attys Can’t Yet Dump Client Jawbone In Fitbit IP Suit

    A California federal judge declined to rule on Thursday on a bid by attorneys to withdraw from representing Jawbone in Fitbit Inc.’s patent infringement suit against the rival wearable fitness device maker, expressing concerns that if he grants the unopposed request, Jawbone will be unrepresented, which could disrupt the litigation.

  • September 21, 2017

    Ex-USC Player Urges 9th Circ. To Revive NCAA Wage Suit

    A former University of Southern California linebacker on Wednesday urged the Ninth Circuit to revive his putative minimum wage and overtime pay class action against the NCAA and Pac-12 Conference, arguing that he and other student athletes are “unquestionably” employees.

  • September 20, 2017

    Mass. Justices Take Up Insurance Row Over Shoemaker's TM

    Massachusetts' highest court has agreed to review a lower court's ruling that a pair of insurers can't recoup sums they paid to defend Vibram USA Inc. against a suit alleging the company unlawfully obtained a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila in a case that raises multiple issues of first impression under state law.

  • September 20, 2017

    Bally Slots Owner Drops $628M On Gambling Software Co.

    Gambling product provider Scientific Games Corp., which owns slot machine maker Bally Technologies Inc., has struck a deal to scoop up digital gambling software company NYX Gaming Group Ltd. for roughly $628.3 million to create a digital gambling and lottery powerhouse, the pair announced on Wednesday.

  • September 20, 2017

    DeMaurice Smith Elected To Remain NFL Players Union Chief

    National Football League Players Association Executive Director DeMaurice Smith, a former assistant U.S. attorney and BigLaw partner who led the union through contentious negotiations for its last collective bargaining agreement and a series of federal court cases with the league, has been unanimously reelected by a union selection committee, according to a statement from the union president Tuesday.

Expert Analysis

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Opinion

    Case Against Intersex Runner Is Sprinting To Another Loss

    Ronald Katz

    There is no conclusive science isolating the stand-alone effect of testosterone, if any, on athletic performance. Therefore, the Court of Arbitration for Sport should finalize its 2015 decision in favor of Indian sprinter Dutee Chand, say Ronald Katz and Robert Luckinbill of GCA Law Partners LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.