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Features

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity Image

Fantasy Sports Dispute Results in New Views On Exceptions to Rights of Publicity

Stan Soocher

The big news in the fantasy sports arena this past summer was the announcement that competitors FanDuel and DraftKings, which make up more than 90% of the online market, would end their merger bid following the Federal Trade Commission's filing of an antitrust lawsuit against the companies. Now, there's good news for FanDuel and DraftKings on a different front, involving the use of athletes' personality components.

Features

NAFTA Renegotiation: Fourth Round Image

NAFTA Renegotiation: Fourth Round

Melissa Proctor

<b><i>Difficulty Making Headway on Thorny Issues</i></b><p>As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.

Features

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements Image

Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements

Joshua L. Becker & Brad M. Strickland

Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.

Features

Adult Use Zoning in New York Image

Adult Use Zoning in New York

Stewart E. Sterk

New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.

Features

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications Image

SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications

Ryan Saba & Krystle Meyer

On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.

Features

Engaging Lawyers in a Follow-Up Initiative: A Case Study Image

Engaging Lawyers in a Follow-Up Initiative: A Case Study

Cindy Sharp

A look at a recent group coaching initiative at a major law firm. Having had success with group coaching in the past, the CMO established a six-month pilot program and chose eight attorneys to participate. Here's what happened.

Features

After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses? Image

After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?

Janice G. Inman

The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.

Features

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies Image

New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies

Robert J. Anello & Christina Lee

As the adoption of cryptocurrencies spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations mean greater scrutiny than ever before.

Features

Laterals: When Is the Best Time to Make a Move? Image

Laterals: When Is the Best Time to Make a Move?

Hugh A. Simons & Paola Cecchi-Dimeglio

If you are a partner considering a lateral move, then you are probably focused on the boost a new firm could offer your practice, and on cultural fit. However, the authors' review of the 2,353 partners who moved between Am Law 100 firms in 2010 through 2012 suggests that some more prosaic factors matter too.

Features

The New Patent Venue Regime Image

The New Patent Venue Regime

Conor Tucker

Venue in patent cases lies "in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." Since 1990, the Federal Circuit interpreted the term "resides" coextensively with the general venue statute such that patent venue lay where the defendant was subject to personal jurisdiction. But this year, the Supreme Court greatly narrowed that definition in <i>TC Heartland v. Kraft Foods</i>. The Federal Circuit, in turn, interpreted the newly-relevant alternative phrase. After two decades of relaxed patent venue rules, these decisions work a seismic shift in patent litigation.

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