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Sports & Betting
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April 01, 2024
High Court Won't Hear Mass. Residents' Tribal Land Dispute
The U.S. Supreme Court on Monday denied a petition by a group of Massachusetts residents seeking to reverse a ruling that allowed the Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino.
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March 29, 2024
Trojan Battery Co. Gets $2.6M Win In TM Row
A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.
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March 29, 2024
Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules
An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.
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March 29, 2024
FuboTV Exits Investor Suit Over Sports Betting Biz, For Now
A New York federal judge has dismissed a lawsuit from investors of sports streaming service FuboTV Inc. accusing it of misleading them about its attempt to enter into the sports betting business, saying that claims in short seller reports, which the investors say damaged share prices, are only opinions, not actionable facts.
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March 29, 2024
Gambling Co. To Face Most Card Shuffle Tech Antitrust Claims
An Illinois federal judge largely refused to let Scientific Games Corp. duck monopolization claims over its automatic card shufflers dominance, finding that with the exception of two out of six asserted patents, a would-be rival has adequately alleged the company tricked the U.S. Patent and Trademark Office into granting those patents.
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March 29, 2024
Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict
Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.
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March 29, 2024
SEIU Unit Defends Dartmouth Men's Basketball Union Ruling
The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.
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March 29, 2024
DraftKings Rips Former Exec's 'Lies' In Ongoing Fanatics Spat
Former DraftKings executive Michael Hermalyn lied in his opposition last week to its preliminary injunction request, just as he had during his departure to rival Fanatics and throughout a trade secrets and breach of contract suit against him, the company has told a Massachusetts federal court in defending its injunction request.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 29, 2024
Don't Miss It: Davis Polk, Simpson Lead Month's Hot Deals
A lot can happen in the world of mergers and acquisitions over the course of a month, and it's difficult to keep up with all the deals. Here, Law360 recaps the ones you may have missed, including transactions managed by Davis Polk & Wardwell LLP and Simpson Thacher & Bartlett LLP.
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March 28, 2024
Judge Doubts NBA NFT Licensors Belong In Meta Privacy Suit
The developer of non-fungible token marketplace NBA Top Shot must face a proposed class action claiming it violated state and federal laws aimed at protecting video consumers, with the National Basketball Players Association and NBA Properties Inc., which handles the NBA's merchandising and licensing, escaping the suit for now.
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March 28, 2024
DOJ, FTC Weigh In On Another Pricing Algorithm Case
The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs
Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.
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March 28, 2024
Adidas Defeats Hockey Fan's Red Wings Jersey Suit
A Michigan federal judge on Wednesday tossed a hockey fan's lawsuit alleging Adidas misled customers into thinking its retail Red Wings jerseys were identical to the in-game uniforms, saying the customer couldn't point to any such promise from the sportswear company.
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March 28, 2024
NCAA Argues Certification Of Alston Payout Class Too Complex
The NCAA and the Power 5 conferences have told a California federal judge that the "highly varied and diverse ways" schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class suing for past compensation — saying plaintiffs have chosen to "simply ignore all of this complexity.''
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March 28, 2024
Deals Rumor Mill: WeWork, Reading FC, Pet Food Co.
Ex-WeWork CEO Adam Neumann looks to buy the company back, Chiron Sports Group is in talks to buy Reading Football Club, and the private equity firms Advent and CVC eye a pet food company. Here, Law360 breaks down the notable deal rumors from the past week.
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March 28, 2024
NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest
NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.
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March 28, 2024
Timberwolves Owner Calls Off $1.5B Sale To A-Rod, Lore
Glen Taylor, the longtime majority owner of the NBA's Minnesota Timberwolves and the WNBA's Minnesota Lynx, confirmed Thursday he will not sell the teams for $1.5 billion to former MLB star Alex Rodriguez and entrepreneur Marc Lore, publicly stating the two would-be buyers missed the deadline to acquire a controlling interest.
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March 28, 2024
Pa. Atty Strikes Out Again In Fee Fight With Co-Counsel
A Pennsylvania federal judge has ruled Philadelphia lawyer Bruce Chasan can't recover contingency fees and damages from a California attorney he worked with to represent ex-NFL player Lenwood Hamilton in a suit over the athlete's likeness, saying another court already disposed of the matter twice.
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March 28, 2024
Doctor Allowed To Withdraw NBA Fraud Plea, Gets June Trial
A Manhattan federal judge will allow a Seattle-area doctor to pull back his guilty plea and go to trial in June, against prosecutors' objections, in a case alleging he assisted a cohort of retired NBA players to create fake invoices to submit to the league's healthcare plan.
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March 27, 2024
Roblox Needs To Face Calif. Law Claims Over Illegal Gambling
A California federal judge on Tuesday allowed proposed class claims that the Roblox Corp. gaming company broke California unfair competition law and was negligent for luring minors to gamble to proceed, but tossed other claims brought under racketeering and New York business law.
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March 27, 2024
Minor League Players Charged With Insider Trading
California federal prosecutors have hit current and former minor league baseball players with claims they made profits totaling over $162,000 trading off insider information about burger chain Jack in the Box's $575 million acquisition of its fellow chain Del Taco.
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March 27, 2024
The Ohtani-Shaped Cloud Looming Over The MLB Season
Major League Baseball opens its season in an awkward position Thursday, with Los Angeles Dodgers superstar Shohei Ohtani at the margins of a still-unfolding gambling scandal that may have limited legal blowback, but will nevertheless present existential questions for the league.
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March 27, 2024
9th Circ. Judge Doubts Feds' Gambling Stance Matches Tribe's
A Ninth Circuit judge pushed back Wednesday against a gambling company's argument that a particular Washington tribe did not need to be a part of its lawsuit over state gambling compacts, pointing out that the federal government is expected to balance competing interests — not necessarily mirror the tribes' position.
Expert Analysis
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AI Considerations For Parties In The Creator Economy
As artificial intelligence technology continues to shape the creator economy, it is crucial for players in the entertainment ecosystem to consider the legal and regulatory implications of AI-generated works, and stay on top of intellectual property ownership, license rights, rights of publicity and associated liability risks, say attorneys at Fenwick.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Opinion
Student Visas Should Allow Int'l Athletes' NIL Opportunities
The U.S. Department of Homeland Security should heed a recent request by U.S. Sens. Richard Blumenthal and Chris Murphy, Democrats from Connecticut, for changes to visa regulations that would allow foreign student athletes to take full advantage of name, image and likeness opportunities without jeopardizing their immigration status, say Gabriel Castro and Tiffany Derentz at Berry Appleman.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Now Is The Time For Independent Industry Self-Regulation
The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.
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AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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5 Pointers For Game Cos. Facing Calif. Kids Privacy Law
The recently enacted California Age-Appropriate Design Code Act will have far-reaching implications for video game companies, and organizations will need to take steps accordingly to protect children’s privacy — from allocating compliance to implementing age assurance mechanisms, say Emma Smizer and Rick Borden at Frankfurt Kurnit.
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Recent Rulings Affirm Tribal Sovereign Immunity And Joinder
Two recent rulings from the Ninth Circuit and one from the Western District of Washington attest to the strength of tribal sovereign immunity — even in cases where there is no named tribal party — and strongly suggest that tribes themselves are best positioned to represent their own interests, say attorneys at K&L Gates.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.