Antitrust
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Antitrust, Movies
Crappy New Star Trek Trailer Highlights Need For Stronger Antitrust Laws
We need a law to stop J.J. Abrams. -
Trivia Question of the Day
Breaking Up Is Hard To Do -- Under The Antitrust Laws
Who's been forced to break up by the government? - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Biglaw, Bonuses, Money
Associate Bonus Watch: Boies Schiller Pays Up To $350K (Again)
Bonuses at Boies Schiller aren't quite as big this year, but the average bonus still falls just shy of $100,000.
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Morning Docket
Morning Docket: 11.13.15
* Steven Metro, an ex-managing clerk at Simpson Thacher who was accused of passing insider info about mergers and other business transactions to his law school buddy in a $5.6 million insider trading scheme, has pleaded guilty. He faces up to 20 years in prison. [Reuters]
* Remember Keila Ravelo, the Willkie Farr partner who allegedly stole millions from that firm and her prior firm, Hunton & Williams? It turns out her involvement in the $5.7 billion MasterCard/Visa antitrust settlement could ultimately become its kiss of death. [Big Law Business / Bloomberg]
* Chief Judge Morrison England (E.D. Cal.) says he and his colleagues are incredibly overworked, sometimes putting in more than 80 hours per week. It’s too bad it doesn’t make a difference — the court is at a “crisis point” in its backlog of cases. [WSJ Law Blog]
* Last summer, a federal judge ruled the death penalty was unconstitutional in California because an appeals process with the “slight possibility of death” was cruel and unusual. Here’s a real shocker: the Ninth Circuit overturned the decision. [New York Times]
* Embattled Pennsylvania AG Kathleen Kane is well past the point of having 99 problems, but there’s no end in sight. Former prosecutors have filed suit against her, alleging she retaliated against them for exposing her alleged criminal misdeeds. [Tribune-Review]
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Antitrust, Sponsored Content
High Court asked to consider per se illegality of Apple’s conduct in e-book market
The U.S. Supreme Court has been asked to weigh in on the appropriate standard for analyzing vertical agreements that facilitate horizontal collusion. Apple Inc. is questioning the application of per se scrutiny to its agreements with publishers in the e-book market after the company launched its iPad and iBookstore in 2010. -
Sponsored Content
Monopoly claims against Keurig keep brewing, but preliminary injunction denied.
The U.S. Court of Appeals in New York City will not prohibit Keurig Green Mountain, Inc. from selling its newer version of the Keurig single-serve coffee brewer that prevents consumers from using “unlicensed portion packs,” while coffee producer JBR, Inc. and others pursue antitrust and unfair competition law claims against Keurig [...] -
Non-Sequiturs
Non-Sequiturs: 10.28.15
* In September, Fox News anchor Harris Faulkner sued Hasbro over a toy hamster named Harris Faulker, claiming it violated her likeness rights. Hasbro has moved to dismiss the suit by providing a judge with side-by-side photos and a snark-filled filing. [THR, Esq. / Hollywood Reporter]
* Per Gawker’s GC Heather Dietrick, it’s “more likely than not” that the media empire will lose in Hulk Hogan’s case over the release of his sex tape. She doesn’t think it’s likely, however, that the wrestler will get the $100 million in damages he’s seeking. [POLITICO]
* It’s time for a ride at the regulatory rodeo, because for the first time in more than 20 years, the U.S. Nuclear Regulatory Commission has issued a new operating license for a nuclear power plant. Say hello to Watts Bar Unit 2 in Spring City, Tennessee. [The Verge]
* We mentioned previously that when Apple refused to unlock a defendant’s iPhone for the DOJ, a federal judge wasn’t sure if he had the legal authority to order Apple to do so. As it turns out, Apple’s EULA gives the government the perfect loophole. [Simple Justice]
* In case you missed it last week (we did), LegalZoom has settled its $10.5 million antitrust lawsuit against the North Carolina State Bar. The online legal documentation company will now vet all of its documents with lawyers from North Carolina. [ABA Journal]
* Breaking Media Editor at Large Elie Mystal appeared on The Docket to defend sex offenders’ civil rights on Halloween. His Darth Vader costume is worth seeing. [MSNBC]
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Trivia Question of the Day
The Tumultuous History Of Baseball And The Law
Who decided baseball wasn't interstate commerce? - Sponsored
The Business Case For AI At Your Law Firm
ChatGPT ushers in the age of generative AI – even for law firms. -
Antitrust, Sponsored Content
E-book Closed On Apple Monitorship
The federal district court in New York City has decided not to extend the Monitorship of Apple Inc.’s internal antitrust compliance policies and procedures. -
Antitrust, Sports
NCAA Defeated By 'Rule of Reason' In O'Bannon Lawsuit
People who don't understand scrutiny don't understand how the NCAA lost. -
Morning Docket
Morning Docket: 09.28.15
* Jurors in the criminal trial for former leaders of Dewey & LeBoeuf have reviewed evidence for a full week already, and will return to court today for their eighth day of deliberations. At least the defendants will be able to keep killing time on Candy Crush. [WSJ Law Blog]
* A federal judge denied the UFC’s motion to dismiss an antitrust lawsuit that was filed against it by current and former fighters over the organization’s monopolization of the MMA industry. It’s time to bring in an armbar submission artist to stop the UFC for good. [ESPN]
* “I don’t want to leave my successor a dirty barn.” Hot on the heels of his surprise resignation, House Speaker John Boehner has vowed to avoid a government shutdown and pass some legislation before his time is up. Well, it’s good to have goals. [Reuters]
* Volkswagen can expect nothing less than a “tsunami” of lawsuits and legal proceedings thanks to its emissions scandal. On the bright side, Kirkland & Ellis is going to be able to reap the rewards of thousands of billable hours. [Chicago Tribune; Automotive News]
* TV staffers who worked on “The Following” and “The Blacklist” filed suit against production companies Warner Brothers, NBC, and Sony, alleging they were forced to work 24 hours straight — and pee in bottles — without being paid overtime. [New York Post]
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Morning Docket
Morning Docket: 07.30.15
* The National Association for Law Placement released slightly improved jobs numbers for the law school class of 2014, so yay? [National Law Journal]
* The battle royale that pits local musicians versus Biglaw heavyweight Skadden continues to rage on. [Washington Post]
* Guess what? Prosecutors don’t like the Second Circuit’s higher threshold for insider trading cases and now they’d like the Supreme Court to do something about it. [Wall Street Journal]
* A group of merchants including Amazon, Wal-Mart and Starbucks want the $7 billion settlement negotiated over interchange fees with Visa, Mastercard and American Express in an antitrust case vacated due to attorney Gary Friedman’s alleged misconduct. [Law360]
* Don’t cha love it when media scandals become real life litigation? All your deflategate legal questions answered. [Stradley Law]
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Morning Docket
Morning Docket: 07.15.15
* After closing arguments in the Dark Knight movie massacre trial, the case against accused shooter James Holmes now goes to a jury. He’s facing 165 criminal charges, and if found guilty, he may be sentenced to death. [NBC News]
* A federal magistrate judge ordered the NCAA to pay almost $46 million in legal fees and costs to lawyers representing student-athletes in their antitrust suit against the organization, and he even likened the case to Game of Thrones in his decision. This is a monumental win. [Reuters]
* Last night, SCOTUS denied a stay of execution for Mississippi death row inmate David Zink, even though his lawyers cited Justice Breyer’s recent death penalty dissent in Glossip with high hopes that the Court would act in their client’s favor. [National Law Journal]
* For your information, the gender gap in the legal profession extends far beyond pay and partnership prospects. According to a recent study by the American Bar Association, about two-thirds of all attorneys who appeared in federal civil trials were men [WSJ Law Blog]
* Going to law school in an underserved community that isn’t overflowing with lawyers is great for résumés, because the University of New Mexico School of Law is seriously bucking the trend of its students having difficulty finding jobs after graduation. [KOB 4]
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Non-Sequiturs
Non-Sequiturs: 07.06.15
* Is Apple Music an antitrust violation, a second-rate streaming music provider, or both. Probably both. [Dorf on Law]
* Former Goldman employee Sergey Aleynikov acquitted… again. Who would have thought Cyrus Vance’s trumped up show trial would fail so thoroughly? [Dealbreaker]
* Landmark cases reimagined as movie posters. [Res Ipsa Law Poster]
* If you missed it, here’s the New York Times Editorial about the “Activist Roberts Court” that everyone was talking about over the weekend. [New York Times]
* In her defense, Sarah Palin may not be the dumbest person from Wasilla. [Legal Juice]
* In the wake of Obergefell, will some holdout religious schools lose their tax-exempt status? [Tax Prof Blog]
* Susman Godfrey’s Steve Susman chats with Richard Hsu about distance cycling. [Hsu Untied]
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Morning Docket
Morning Docket: 07.02.15
* The Department of Justice has launched an antitrust investigation looking at potential price collusion between major airlines. The airline industry doing something to make customers’ lives difficult? Surely you jest. [Associated Press]
* Loretta Lynch went back to her hometown of Durham, North Carolina yesterday and held a roundtable on civil rights. She called particular attention to the recent violence at historically black churches “whether they are burned or through bullets.” [WNCN]
* J. Michael Farren, a White House attorney under George W. Bush, was disbarred in the District of Columbia. He was convicted of attempted murder for beating his wife, a former Skadden attorney, and sentenced to 15 years in jail. [National Law Journal]
* Is there a gender bias in job descriptions? And if there is, what should be done about it? [American Lawyer]
* Biglaw is making big bucks, but only giving small amounts to pro bono efforts. [ABA Journal]
* An Ohio courthouse was evacuated Tuesday after a woman brought a bottle of perfume, shaped like a grenade to the court. I guess you can’t be too careful. [Huffington Post]
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Non-Sequiturs
Non-Sequiturs: 04.21.15
* Loretta Lynch might actually get confirmed, you guys! Senate Republicans have agreed to a bipartisan deal on human trafficking legislation which should end the Lynch logjam. America in 2015, “human trafficking bad” now requires months of negotiation. [CNN]
* Our old friend Professor Michael Simkovic is back and defending the decision to go to law school based on part-time job numbers because, hey, that’s how the Bureau of Labor measures unemployment so it must be the same for judging employment for struggling J.D.s. Professor Bernie Burk gives a thorough, thoughtful, and respectful retort. [The Faculty Lounge]
* Meanwhile, failing to learn the lesson of America, students seeking law degrees skyrocket in the UK. Thomas Cooley considers Norfolk campus. [Legal Cheek]
* The property law of Downton Abbey. It teaches the most important lesson of property — historically it’s really, really good to be a wealthy white guy. [Vanderbilt Law Review]
* Digging into a less heralded subsidiary argument in the marriage equality cases: the “proceed with caution” rhetoric intended to push the issue to the backburner. [NYU Law Review]
* On that note, same-sex marriage kills babies!!! Well, no, not really. But that is the argument one former Scalia clerk is making for some reason. [Dorf on Law]
* Looks like Europe is going to hit Putin where it hurts… an antitrust courtroom. That’ll learn him! [New York Times]
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Morning Docket
Morning Docket: 03.06.15
* Per a recent Super Lawyers survey, Ruth Bader Ginsburg is the Supreme Court justice with whom the nation’s top lawyers would most like to share a lunch date. Come on, admit it: you just want to get wasted with the Notorious R.B.G. [TIME]
* Perhaps in anticipation of a SCOTUS ruling on the constitutionality of same-sex marriage, states across the country are dreaming up legislation that would allow businesses to refuse service to gay couples. Man, we’re such jerks. [New York Times]
* Taking over China with its Dacheng merger wasn’t enough for Dentons, and what’s now the largest firm in the world by attorney headcount still wants to conquer the United States. Dentons is trying to woo McKenna Long & Aldridge, again. [Am Law Daily]
* Dewey know which firm’s ex-COO is denying knowledge of any financial funny business? Defense lawyers for D&L’s former top brass are now relying on his statements that staffers may have been inept, but surely weren’t doing anything illegal. [New York Law Journal]
* Remember that BARBRI antitrust class-action settlement that was reached almost a decade ago? The lawyers and law firms involved are still fighting over legal fees in the case, namely how many millions they think they ought to receive. [National Law Journal]
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Legal Ethics, Technology
What Lawyers Must Learn From Dentists About The Unauthorized Practice Of Law
Alternative legal service providers, don’t say that Anthony Kennedy never did anything for you. -
Antitrust
Judge Rules It's Okay To Leave Home Without American Express
American Express is not the boss of your store anymore. -
Morning Docket
Morning Docket: 12.15.14
* Thanks to a former Skadden attorney’s failed attempt to kill himself, police were able to retrieve a suicide note — entitled “A Sad Ending to My Life” — that revealed the lawyer’s $5M Ponzi scheme. We may have more on this later. [Am Law Daily]
* “I’m not one who believes there are too many lawyers in the country,” says Dean Thomas Guernsey of Thomas Jefferson Law. Conveniently, only 29% of TJSL’s ’13 grads are working in full-time, long-term jobs as lawyers. Kudos! [U-T San Diego]
* The government just paid the least amount of money to legal services contractors since 2008. As far as Biglaw firms are concerned, Curtis Mallet-Prevost posted “significant losses,” receiving $2M less than it did in 2013. [National Law Journal]
* Because not everyone wears gas masks, a federal judge issued a temporary restraining order to keep police from using tear gas on peaceful protestors in Ferguson without first issuing “clear and unambiguous warnings.” [WSJ Law Blog]
* Ladies and gentlemen, this is the main event of the evening! IT’S TIME! FIGHTING out of the blue corner, angry UFC combatants who are planning to use “renowned” antitrust firms to secure “hundreds of millions of dollars”! [Bloody Elbow / SB Nation]