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December 09, 2024
Amazon Says FTC Lacks Authority To Bring Antitrust Case
Amazon has told a Washington federal court that the Federal Trade Commission is overstepping its authority by bringing its antitrust case directly in court without pursuing an in-house case targeting the e-commerce giant's treatment of sellers on its platform.
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December 09, 2024
2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule
The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.
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December 09, 2024
3rd Circ. Judge Unsure Child Care Needs Can Halt Deportation
The Third Circuit on Monday pondered how it should analyze the effect a Trinidad and Tobago national's deportation would have on his U.S. citizen child, with one judge suggesting that the boy's medical issues may not rise to the level of canceling removal.
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December 09, 2024
Kline & Specter Wants Ex-Attorney's Suit In Arbitration
Kline & Specter PC is seeking to send to arbitration a breach of contract lawsuit filed in Philadelphia court by a former firm attorney, saying their employment agreement expressly gives the firm the right to move the complaint into arbitration.
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December 09, 2024
Pa. Fudge Maker Seeks Atty Fees In 'Moonshine' TM Fight
Even though a Pennsylvania jury had found that Local Yokels Fudge and Christopher Warman's ex-wife had copied his secret "Chocolate Moonshine" fudge recipe, the defendants want Warman to pay some of their legal bills because they say he made frivolous trademark claims and falsely claimed they were still using the recipe after the 2023 trial.
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December 09, 2024
Pa. Hospital Can't Upend $8M C-Section Injury Verdict
A Pennsylvania appeals court won't strip an $8 million verdict from a couple who alleged that a surgeon botched a cesarean section during the birth of their child, rejecting the hospital's argument that the evidence didn't support a finding of negligence.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Philly Jury Clears B. Braun In Cancer Emissions Case
A Philadelphia jury has cleared B. Braun Medical Inc. of claims that emissions of a sterilizing chemical from a Pennsylvania manufacturing facility caused a neighbor's leukemia.
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December 06, 2024
Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.
Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic skin condition that competes with a brand developed by Swiss skin care giant Galderma.
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
Anthem Wants Testing Lab's $3.8M Suit Axed Or Split Up
Anthem Blue Cross Blue Shield of Connecticut has asked a federal court to toss a testing lab's lawsuit seeking $3.8 million for allegedly unpaid bills, arguing that batches large and small of the more than 3,000 unpaid claims were preempted by federal law, filed years too late or barred from being assigned to the lab to collect.
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December 06, 2024
Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit
An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.
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December 06, 2024
Philips Medical Monitoring Deal, $4.8M Fees Get Final OK
A Pennsylvania federal judge on Thursday gave the final OK on a $25 million settlement in medical monitoring claims in multidistrict litigation stemming from a recall of ventilator machines by Koninklijke Philips NV and American subsidiaries.
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December 06, 2024
Logistics Co., Ex-Worker Strike Deal In Suit Over Racist Threat
A logistics company has agreed to resolve a Black former employee's lawsuit claiming the company failed to protect him from a racist threat from a white co-worker who had warned him that he could be lynched, according to filings in Pennsylvania federal court.
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December 05, 2024
Kraft Heinz, Ex-Worker Settle 'Miami Vice' Costume Firing Suit
The Kraft Heinz Co. has settled a free speech lawsuit by a terminated white manager and school board candidate accused of jeopardizing the company's reputation by wearing blackface before his employment during a Halloween attempt to look like the character Ricardo Tubbs from the television show "Miami Vice."
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December 05, 2024
3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt
The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.
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December 05, 2024
3rd Circ. Unsure Pa. Regulator Had Right To Deny Project
Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.
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December 05, 2024
Quest Ex-Workers Ask 3rd Circ. To Revive 401(k) Suit
Ex-workers for Quest Diagnostics Inc. urged the Third Circuit to revive their suit alleging mismanagement of their $5 billion 401(k) retirement plan, arguing a lower court shouldn't have handed Quest an early win on claims the company failed to properly monitor investment offerings.
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December 05, 2024
Jones Day Reps CNX On $505M Deal For Natural Gas Biz
CNX Resources Corp. said Thursday it has agreed to acquire for about $505 million the natural gas upstream and associated midstream business of Apex Energy II LLC, a portfolio company of funds managed by Carnelian Energy Capital Management LP.
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December 05, 2024
Disgruntled Dems Move On From Appellate Noms Deal
While some Democrats have gripes about the deal Senate Majority Leader Chuck Schumer made with Republicans before Thanksgiving on judicial confirmations, they grudgingly concede the deal helps them fill as many seats as possible even if it means leaving choice circuit seats for President-elect Donald Trump to fill.
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December 05, 2024
Police Commissioners Want Officers' Withheld OT Suit Tossed
Current and former Philadelphia Police Department commissioners and human resources directors urged a Pennsylvania federal court to throw out a proposed class action by ranking officers alleging that the department failed to alert them of their overtime eligibility, saying the case was brought too late.
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December 05, 2024
Law Professor Can't Unseal PF Chang's Wage Deal Amounts
A Pennsylvania federal judge ruled Thursday that a Georgia law professor can't intervene or unseal a settlement restaurant chain P.F. Chang's and more than 6,000 tipped servers struck, saying doing so would hurt the parties.
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December 05, 2024
Senate Confirms New Mexico Prosecutor To Federal Bench
The Senate voted 52-45 on Thursday to confirm Sarah Davenport, an assistant U.S. attorney for the District of New Mexico, as district judge.
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December 05, 2024
Helicopter Co. Says It Is Not Holding Up Fatal Crash Suit
The aircraft company facing claims from the families of six Canadian Air Force members who died in a 2020 helicopter crash near Greece pushed back on a claim its bid to transfer the suit to Connecticut is forum-shopping, arguing it should be allowed to defend itself in the state where it is based.
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December 04, 2024
Live Nation Shields Legal Strategy Emails From DOJ Scrutiny
A Manhattan federal judge rejected the U.S. Department of Justice's bid to see emails between Live Nation Entertainment Inc. lawyers and counsel for arena operator Oak View Group, holding Wednesday that these communications discussed a joint legal strategy for the government's antitrust investigation.
Expert Analysis
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.