The U.S. Supreme Court has been urged to take up a skin care company's appeal of the Ninth Circuit's ruling that consumers were unlikely to be confused by competing eye creams bearing the same "Eye Dew" mark because the products otherwise look completely different.
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Justices Asked To Look At 'Extreme' TM Ruling Over 'Eye Dew'

The U.S. Supreme Court has been urged to take up a skin care company's appeal of the Ninth Circuit's ruling that consumers were unlikely to be confused by competing eye creams bearing the same "Eye Dew" mark because the products otherwise look completely different.

Petition attached | Read full article »

BREAKING: Ex-Alden CFO Charged With Embezzling $30M, To Plead Guilty

The former chief financial officer of the Alden Shoe Co. was charged and will plead guilty to embezzling about $30 million from the company as part of a long-running scheme, Boston federal prosecutors said Wednesday.

Indictment attached | Read full article »

Ga. Judge Hints CVS On Hook For $45M Shooting Verdict

A Georgia appellate judge said during oral arguments Wednesday that an Atlanta CVS Pharmacy is known to the retail chain as one of its most dangerous locations in the country, supporting a jury's $45 million verdict in favor of a man shot multiple times on the premises.

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3rd Circ. Won't Crack Over Grocers' Egg Antitrust Case

The Third Circuit rejected a bid by grocery retailers to have the full court review their antitrust lawsuit accusing egg producers and trade groups of conspiring to drive up prices, according to an order released Tuesday.

Order attached | Read full article »

Globalworth Receives Buyout Offer Valuing Firm At $1.9B

European real estate firms CPI Property Group and Aroundtown are offering to buy the portion of Globalworth Real Estate they don't already own in a deal valuing the company at €1.57 billion ($1.88 billion), CPI Property said Wednesday.

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EXPERT ANALYSIS

Outliers Offer False Hope For Virus Biz Interruption Claims

A few recent policyholder wins have caused some to overstate the potential for recovery in commercial property claims over COVID-19 prevention efforts, but in reality business interruption decisions are consistently and overwhelmingly favoring insurers, say Erin Bradham and Keith Moskowitz at Dentons.

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Are Nonfungible Tokens Securities?

The recent explosion of interest in nonfungible tokens has led to questions about their status under federal securities law, but whether an NFT's uniqueness is enough to mean it's not a security is a complicated question that may hinge on the particular facts and circumstances of each transaction, says Joseph Hall at Davis Polk.

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Enforcement Takeaways From ABA Antitrust Meeting

Although many are calling for sweeping changes to antitrust laws, virtual sessions of the American Bar Association's 69th Antitrust Law Spring Meeting reveal that state and federal enforcers are already able to challenge big tech, acquisitions of small, nascent competitors, and wage-fixing and no-poach agreements, say attorneys at Perkins Coie.

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LEGAL INDUSTRY

Attys Who Sifted Through Ashes Of Madoff Ponzi Look Back

Bernie Madoff left a legacy of substantial ruin for many who were the victims of the largest Ponzi scheme in history. His death on Wednesday is a reminder of a fraud that operated in plain sight for years, said attorneys who have investigated the scheme.

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Long Fight In Madoff Recovery Efforts Continues

Some 13 years since the exposure of Ponzi mastermind Bernie Madoff, a herculean effort to recover billions of dollars lost in his fraud continues in hundreds of lawsuits and in jurisdictions as far off as Luxembourg.

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Bonus Spotlight

Perkins Coie, Foley & Lardner, Quinn Give Special Bonuses

Perkins Coie LLP, Foley & Lardner LLP and Quinn Emanuel Urquhart & Sullivan LLP have announced they're handing out special bonuses this year, following in the footsteps of more than 50 peers who plan to distribute between $12,000 and $64,000 to associates in two lump sums before the end of the year.

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Trustee Enlists Firm To Hunt Down Erika Girardi's Valuables

The bankruptcy trustee liquidating embattled attorney Tom Girardi's personal property is seeking to tap a Los Angeles law firm to hunt down money and valuables held by his wife, Erika, saying the "Real Housewives of Beverly Hills" star may have taken community property or given it to others.

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Biden Pick For DOJ Enviro Chief Quizzed On Climate, Wildlife

President Joe Biden's pick to lead the environmental division of the U.S. Department of Justice fielded questions from senators Wednesday about wildlife trafficking, climate change and enforcement at a nomination hearing.

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Fox News Has High-Profile Team In $1.6B Defamation Defense

Two high-profile attorneys have joined Fox News' defense team in a $1.6 billion defamation lawsuit filed in Delaware Superior Court by Dominion Voting Systems that accuses the cable giant of spreading "outlandish" claims about the 2020 election.

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Older Retired NY Judges May Come Back To Bench After All

New York Chief Judge Janet DiFiore said Wednesday the state budget for the new fiscal year will allow the court system to retain 46 judges over the age of 70 who were forced off the bench earlier this year after reaching their constitutional age limit and were denied certification to serve an additional two-year term.

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