• February 27, 2017

    Contract Holders Oppose Eastern Outfitter's Sale Timeline

    Leaseholders and insurance providers of bankrupt sporting goods retailer Eastern Outfitters LLC objected Monday in Delaware to the company’s proposed contract assumption procedures, which they say will not give them enough time to assess the new contract holders after a planned sale.

  • February 27, 2017

    Lexington Not Tied By Other Co.’s Forum Clause, Court Told

    An insurance company saddled with more than $1 million in defense costs from a terrible bike accident fired back Friday at another insurer’s claim that its agreement with a parts-maker for the defective bike precludes it from answering claims in Wisconsin federal court.

  • February 27, 2017

    Fed. Circ. Dings PTAB For Not Explaining Icon Patent Nix

    The Federal Circuit ruled Monday that the Patent Trial and Appeal Board had failed to adequately explain why it had invalidated several claims of an Icon Health and Fitness exercise machine patent in a re-examination, saying that in places, the board gave “no explanation at all.”

  • February 27, 2017

    MLB Says Ex-Player Can't Bring New Suit Over Drug Clinic

    Major League Baseball told a New York federal judge Friday that the newest claims by a former player and his drug clinic accusing the league of spreading lies about him and his businesses, including that he was selling banned performance-enhancing drugs, are nothing but another baseless attempt to go after the league for the same alleged conduct.

  • February 27, 2017

    Yogi Sanctioned For Dodging Deposition In Sex Assault Suit

    A California judge on Monday sanctioned embattled yoga guru Bikram Choudhury for refusing to be deposed in a yoga teacher's suit alleging he sexually assaulted her and blackballed her yoga business, saying Choudhury’s medical excuses are “simply not credible” when he continues to lead international yoga training seminars.

  • February 27, 2017

    Charity Sues Broker Over Golf Hole Exclusion

    An insurance broker left a charity golf tournament organizer on the hook for $200,000 in prize money after failing to inform the nonprofit of a limitation in its insurance policy, according to a suit launched in West Virginia federal court Friday.

  • February 27, 2017

    MLB Hits Back In Scouts’ Antitrust Appeal At 2nd Circ.

    Major League Baseball told the Second Circuit on Friday that the league’s long-standing antitrust exemption applies to employees who scout players, urging the court to reject efforts to revive a suit alleging that the league and its teams conspire to suppress the wages of scouts.

  • February 27, 2017

    Sports Publication Sues MGM Over Use Of Its Logo In Film

    A Kentucky sports publication sued MGM Studios and several other production companies and movie distributors in federal court on Friday accusing them of damaging the publication’s image by using its logo in a movie depicting the life of Bill “Spaceman” Lee, a former Major League Baseball pitcher notorious for his antics on and off the field.

  • February 27, 2017

    Law360 Sports Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Sports editorial advisory board.

  • February 24, 2017

    Soccer Org. Must Face Sex Abuse Suit: Calif. Appeals Court

    A California Appeals Court on Wednesday ruled the U.S. Youth Soccer Association Inc. had a duty to conduct criminal background checks on its coaches, setting a precedent that such organizations could be held liable for a third party’s sexual abuse of a minor.

  • February 24, 2017

    ESports Still Struggling With Top-Heavy Power Structure

    The eSports competitive video game playing industry is at a crossroads as its top-heavy power structure leaves game publishers with all the power and teams with little influence, setting up a dynamic at the center of the industry's most pressing legal issues from the rights of players to the distribution of revenue.

  • February 24, 2017

    Feds Score Quick Win In $5.2M Gambling Winnings Row

    The U.S. Court of Federal Claims handed a win to the Internal Revenue Service on Friday, in Irish racehorse owner and businessman John P. McManus’ attempt to escape a $5.2 million tax bill for gambling winnings.

  • February 24, 2017

    College Football Conference, NCAA Hit With Concussion Suit

    Two former Purdue University football players on Thursday hit the National Collegiate Athletic Association and the Big Ten Conference with a proposed class action alleging the organizations didn’t tell them about the risks of repeated head trauma from which they now suffer.

  • February 24, 2017

    Belarus Canoers Took Drug Before It Was Banned, CAS Says

    The Court of Arbitration for Sport has released its full decision explaining that it overturned the year-long suspension of the Belarus men's canoe and kayak team, which kept them out of the Rio 2016 Summer Olympics, because the panel believed the athletes had taken a substance before it was banned.

  • February 24, 2017

    NCAA Athletes Denied Docs On Pac-12 ESports Competitions

    A California magistrate judge has denied student-athletes’ request for the PAC-12 conference’s documents on eSports competition between its member schools, finding that the documents are tangential to the fight over the NCAA’s caps on athlete scholarships.

  • February 24, 2017

    Brand Battles: Patagonia Targets Pot-Themed 'Ganjagonia'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, apparel brand Patagonia says a "Ganjagonia" mark will tarnish its name, Walt Disney won't just let it go when it sees a "Frozen" mark, and several MLB clubs spring into action.

  • February 24, 2017

    Ex-NFL Players Can't Catch Quick Win In Investment Fraud Suit

    A North Carolina magistrate judge won’t grant two former NFL defensive backs’ bid for a partial win in their countersuit against a financial manager who allegedly roped them into a bad restaurant franchise investment, finding Thursday that there are too many issues of fact for such a ruling.

  • February 23, 2017

    Feds Press For Ballplayer Smuggler's Son Testimony

    Case law supports the son of a convicted migrant smuggler being allowed to testify about a conversation he overheard between his father and a baseball agent on trial for allegedly helping Cuban ballplayers gain fraudulent entry into the United States, federal prosecutors argued in a filing Thursday.

  • February 23, 2017

    Fla. Senate Readies Gaming Bill, But House Has Other Ideas

    The Florida Senate Appropriations Committee's passage of a comprehensive gaming bill to the Senate floor on Thursday raised the prospects for long-sought resolutions to multiple industry issues, but those odds looked longer as a House panel backed a proposal that hews to the status quo and rejects expansion.

  • February 23, 2017

    Viacom Slips Suit Claiming It Hid MMA Promoter's Revenue

    A Delaware federal judge on Thursday tossed a suit by a minority shareholder in a mixed martial arts promotion company accusing Viacom Inc. of using a controlling stake to withhold both revenue and financial performance data from the promoter’s shareholders, ruling Viacom didn’t control the promoter.

Expert Analysis

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • A Very Low Bar For Use Of Trademark 'In Commerce'

    Louis K. Ebling

    The Federal Circuit ruling in the recent Adidas trademark case is noteworthy not only for the Supreme Court cases it interpreted and followed, but also for the case law it chose not to rely on. The court gave short shrift to at least two cases that seemed to suggest Congress’s powers under the Commerce Clause were more limited than previously thought, say Louis Ebling and Jesse Jenike-Godshalk of Thompson Hine LLP.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • The Attack On Social Media Influencer Campaigns

    Gonzalo Mon

    Although recent letters from consumer groups highlight some legitimate issues regarding how companies use "influencers" to promote their brands on social media, they also misstate some of the FTC requirements and lump together good influencer campaigns and bad ones, says Gonzalo Mon of Kelley Drye & Warren LLP.

  • Can A Yankees Fan Get A Fair Trial In New England?

    Daniel E. Wenner

    Rhode Island, which has no Major League Baseball team of its own, is basically part of Red Sox nation. So what happens when a defendant is tried for bank fraud in Rhode Island before a jury that learns that he’s a Yankees fan? Day Pitney LLP partner and former federal prosecutor Daniel Wenner reviews the case.