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November 15, 2024
Penn State Asks To Keep Defendant In Vintage Brand TM Trial
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
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November 15, 2024
Michael Jordan's Racing Team Seeks Speedy NASCAR Appeal
Two NASCAR teams, including one owned by Michael Jordan, are hoping to sway the Fourth Circuit to fast-track their appeal of a lower court's decision to not grant their request to race next season, arguing that without an expedited process, a decision could come too late to matter.
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November 15, 2024
Off The Bench: NCAA Eligibility Fight, Movie Script Dispute
In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.
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November 15, 2024
Wilson Sonsini Atty To Produce Docs In Under Armour Row
Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.
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November 15, 2024
Taxation With Representation: Cravath, MoFo, Gibson Dunn
In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
LeBron James, Netflix Accused Of Ripping Off Movie Script
A Montana filmmaker on Thursday accused Netflix, LeBron James and other "heavy Hollywood hitters" of ripping off his copyrighted script to make one of the streaming service's recent releases, telling a California federal court the works shared obvious similarities from their dialogue, down to their characters and scene sequences.
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November 14, 2024
Volleyball Players, Coach Sue To Ban SJSU Trans Athlete
Female college volleyball players and a suspended San Jose State University coach urged a Colorado federal court on Wednesday to ban a transgender athlete from competition, alleging in a new suit that the Mountain West Conference and others discriminated against female athletes by keeping the outside hitter on SJSU's roster.
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November 14, 2024
Ex-Phoenix Suns DEI Head Sues Team For Bias, Retaliation
The Phoenix Suns' former head of diversity, equity and inclusion sued the NBA franchise on Thursday, accusing it of continuing the racial discrimination, harassment and toxic workplace behavior that led to former owner Robert Sarver being pushed out two years ago.
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November 14, 2024
Man Found Guilty Of Scamming NBA Players Seeks New Trial
A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.
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November 14, 2024
Dick's Settles New Jersey AG's Suit Over Ammunition Sales
New Jersey and Dick's Sporting Goods Inc. have reached a deal to resolve allegations that the retail chain violated the Garden State's consumer protection laws by selling and shipping large capacity ammunition magazines into the state, New Jersey Attorney General Matthew J. Platkin announced Thursday.
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November 14, 2024
Cherokee Nation Can't Get Ark. Casino Amendment Blocked
An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.
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November 14, 2024
Sports Media Co. Can't Sink SEC's $22M Fraud Suit
A New York federal judge said media technology company Icaro Media Group Inc. and its CEO must face the U.S. Securities and Exchange Commission's suit alleging they raised more than $22 million from investors on fake claims that the company was about to launch a sports content application in partnership with major telecommunications companies.
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November 14, 2024
South Dakota Slams NCAA Over NIL Settlement 'Notice'
South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.
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November 14, 2024
Pierson Ferdinand Atty Accused Of Helping Defraud Client
The co-owner of an esports gaming platform has accused a Pierson Ferdinand attorney in Philadelphia, his firm and several other BigLaw shops where he has worked in recent years of assisting his former partner in a scheme to funnel millions of dollars out of the company they formed into new entities controlled by the ex-partner.
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November 14, 2024
Diamond Sports' Ch. 11 Plan Gets Nod With Amazon Deal
Diamond Sports Group received approval for its Chapter 11 plan Thursday from a Texas bankruptcy court, clearing the way for its continued broadcast of 27 professional sports teams and new streaming options through a deal with Amazon.
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November 13, 2024
UNC Tennis Player Narrows Prize-Money Suit Against NCAA
A University of North Carolina tennis player is taking another swing at NCAA rules stopping college athletes from accepting prize money in outside tournaments, this time limiting the proposed class action to Division I tennis players rather than athletes in a slew of non-revenue generating college sports.
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November 13, 2024
Judge Suggests Casino App Transfer Blunts Gamer's Attack
A Washington federal judge raised doubts Wednesday about whether a lead plaintiff accusing a casino app developer of offering illegal gambling can rope in the company's subsidiary, which took over the online games in what the plaintiff calls a bid to avoid legal responsibility.
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November 13, 2024
7th Circ. Judge Calls Strike On Cubs Atty In ADA Seating Row
An increasingly frustrated Seventh Circuit judge on Wednesday repeatedly asked a lawyer for the Chicago Cubs how federal prosecutors' recent accessible seating settlement affected a fan's related appeal, cutting her off several times to emphasize that her suggested doctrine was explicitly not available in his court.
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November 13, 2024
Gaming Co. Sued In Chancery To Block Controller Moves
A large stockholder in Allied Gaming & Entertainment Inc. sued the company's board, controlling stockholder and others in Delaware's Court of Chancery on Tuesday, alleging moves by the controller to dilute the shares of outside stockholders ahead of a proxy contest.
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November 13, 2024
Caitlyn Jenner's Crypto Venture Hit With Investor Suit
Buyers of Olympic gold-medalist Caitlyn Jenner's cryptocurrency token slapped the celebrity with a proposed securities class action in California federal court Wednesday, alleging she failed to register the offering of her $JENNER token and "fraudulently solicited financially unsophisticated investors" to purchase the asset.
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November 13, 2024
Michael Jordan's NASCAR Team Appeals Antitrust Loss
Two NASCAR teams, one co-owned by Michael Jordan, on Wednesday appealed a North Carolina federal judge's denial of their request to keep racing next season, taking part of their antitrust fight against the stock car league to the Fourth Circuit.
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November 13, 2024
Detroit Tigers Argue Ex-VP Fired Due To COVID, Not Bias
The Detroit Tigers have asked the court to rule in their favor in a discrimination suit filed in Michigan federal court by a Black former executive who said she was terminated due to her race and age, arguing there were legitimate reasons for workforce reductions amid the COVID-19 pandemic in 2020.
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November 13, 2024
Insurer Says Condo That Prevented Hunting Has No Coverage
The insurer for a homeowners association asked a South Carolina federal court Wednesday to determine that a dispute over the organization's attempt to ban residents from hunting deer on their property was not owed coverage under its policy's provisions.
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November 13, 2024
Vanderbilt QB Suing NCAA For Eligibility Denied Quick Ruling
Vanderbilt University football star Diego Pavia did not get the temporary restraining order he sought against the NCAA after suing it to overturn its eligibility rules and allow him to play next season, but a Tennessee federal judge kept the chance for a preliminary injunction alive.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.