Antitrust

Jodi Arias

* Trouble in paradise, so soon? The proposed merger between Dentons and McKenna Long & Aldridge has been delayed. McKenna has postponed its partnership vote, and Dentons says no partnership vote was ever planned. [Daily Report]

* Wherein a firm fails to Latham an ex-employee’s baby mama drama: a legal secretary who was allegedly told her pregnancy complications “were not [the director of HR's] problem” will see her case against L&W move forward. [Blog of Legal Times]

* You know that relations have grown bitter between opposing counsel when attorneys from one firm refer to lawyers from the other as “Monday Morning Quarterbacks.” The legal fee dispute in the BARBRI antitrust case rages on at the Ninth Circuit. [National Law Journal]

* Paging ProudCooleyGrad: Kurzon Strauss, the firm that sued Cooley Law over its allegedly deceptive job stats, is trying to get records unsealed in the school’s defamation case that’s now on appeal. [MLive.com]

* Convicted murderer and jailhouse hottie Jodi Arias is accepting donations for her appeals fund. It could be worth your while — if you donate enough, maybe she’ll consider turning you into her next victim. [HLN TV]

* Congrats to @FenwickWest on landing the big Twitter IPO! #yaylegalfees [American Lawyer]

* The Deal Professor, Steven Davidoff, surveys the legal landscape around the Twitter filing, focusing on the #JOBSAct. [DealBook / New York Times]

* Jamie McCourt, a former family law attorney, strikes out in trying to set aside her divorce settlement with Frank McCourt, former owner of the Los Angeles Dodgers. She’s stuck with $131 million and several luxury homes. #richpeopleproblems [National Law Journal (sub. req.)]

* An inquest reveals that a Hogan Lovells partner who took his own life had warned a colleague that he was going to kill himself the day before his death. [Daily Mail via ABA Journal]

* Good news for the news business: the Senate Judiciary Committee approves a federal media-shield bill. [Washington Wire / Wall Street Journal]

* Nathan Myhrvold, the CEO of a patent holding company, warns that anti-patent-troll sentiment could have unforeseen consequences. [Corporate Counsel]

* Praise in the WSJ for Unprecedented: The Constitutional Challenge to Obamacare (affiliate link), the new book by Professor Josh Blackman (who recently wrote a guest post for us on Supreme Court beauty contests). [Wall Street Journal (sub. req.)]

* Congrats to George Mason Law on its two high-profile hires: D.C. Circuit Judge Douglas Ginsburg and Covington antitrust partner Damien Geradin. [The BLT: The Blog of Legal Times]

* If you’re in New York this weekend, go see Arguendo. Or buy tickets for the 7 p.m. performance on September 22, when I’ll be doing a talkback with artistic director John Collins after the show. Enter the discount code “ABOVE” for $35 tickets (a special rate for ATL readers). [Public Theater]

I was on a fast-moving segment on HuffPost Live this afternoon called “Legalese It,” where host Mike Sacks runs through a bunch of overlooked legal items from the past week. Since I was on vacation for half of the week, I learned a lot! For instance, did you know that Michigan had an anti-begging statute on the books from the 1920s that was just struck down so they can put a big “Spare Some Change” sign in Detroit?

Okay, that’s not why it was struck down, but still. Also it seems that North Carolina is trying to restrict voting to five white guys chosen at random by Reince Priebus and Obama is now in favor of legislative prayer, as if nobody told him he can’t run for a third term.

Looks like I missed a lot, but that didn’t stop me from talking about it on the web. Specifically, I got to talk about how Eric Holder and Texas Attorney General Greg Abbott are now friends when it comes to stopping USAIR and American Airlines from combining to own all the railroads on the Monopoly board…

double red triangle arrows Continue reading “Laws Make Strange Bedfellows”

Does your law school ROI look like this?

* Victoria Espinel, chief IP counsel to the White House (better known as the “copyright czar”), has stepped down. A tech or trade company will snap her up in 3… 2… [Corporate Counsel]

* Child custody train wreck alert: Baby Veronica of SCOTUS fame was in the news after her father was arrested for refusing to return his child to her adoptive parents. [ABC News]

* Rather than watching people pump gas, BP is watching people pump out lawsuits against the company at a rather alarming rate as a result of its 2010 oil spill. [Businessweek]

* Cynthia Brim, the Illinois judge who was reelected despite the fact that she was legally insane, finally had a complaint filed against her by the state’s judicial board for being just a little bit too kooky for court. [Chicago Tribune]

* Your degree might not be worth a million dollars, but if you went to one of these schools, you probably got a good bank for your buck. We’ll have more on this later. [The Short List / U.S. News & World Report]

* The fight over attorneys’ fees in the antitrust lawsuits filed against BARBRI continues rage on, and class members still haven’t received a penny — which is all they’d really get, anyway. [National Law Journal]

* Congratulations to Newark Mayor and Yale Law alumnus Cory Booker! Last night, he handily won the New Jersey Democratic primary election for the late U.S. Senator Frank Lautenberg’s seat. [CBS News]

* This afternoon, O.J. Simpson pleaded with the parole board in Nevada. For now, the Juice is still on ice. [USA Today]

* Four South Korean firms allegedly fixed the price of ramen noodles for over a decade. You mean that s**t can be cheaper? [Courthouse News Service]

* Do you want to make sure the NSA can’t read your email? Join the NSA! [Lowering the Bar]

* Eric Holder is going forward with efforts to halt the new Texas voting requirements pursuant to the bail-in procedure. But how will he ever prove a substantial history of constitutional violations in Texas? [The Volokh Conspiracy]

* The Ninth Circuit has affirmed Judge Dolly Gee’s earlier denial of Fox’s request for a preliminary injunction against Dish Network over its special, ad-skipping DVR. It’s a testament to how much power the networks have thrown around that this is treated like an amazing new technology — I bought an ad-skipping DVR from ReplayTV in 2001. [The Verge]

* Chicagoland preacher facing federal fraud charges announces: “Because of Judge Sharon Coleman’s continual mocking of God’s ecclesiastical order and the sanctity of family/marriage, the wrath of God almighty shall soon visit her home.” Federal authorities were not amused. [Chicago Tribune]

* A NJ state judge declares that Atlantic City casinos can control the weight of its waitresses. Because overweight waitresses are the reason no one goes to Atlantic City anymore. [My Fox NY]

* Noam Scheiber of The New Republic interviewed about his article The Last Days of Big Law, as discussed here. Video after the jump… [Bloomberg Law via YouTube]

double red triangle arrows Continue reading “Non-Sequiturs: 07.25.13″

There have been a couple of major developments this week in the ongoing lawsuit that pits Ed O’Bannon, and a group of other former college athletes, against the NCAA, Electronic Arts, and the Collegiate Licensing Company. If you are not familiar with O’Bannon v. NCAA, Sports Illustrated has a good primer. O’Bannon is suing the NCAA for antitrust violations stemming from the NCAA’s alleged licensing of players’ likenesses.

If you can’t understand that in sports terms, South Park has you covered in moral terms.

The NCAA has been operating with impunity, profiting on the backs of an unpaid labor force, for decades. I cannot think of a worse organization in the country right now, and you know I don’t say that idly: not the ABA, not Sallie Mae, not the Catholic Church. No organization seems more dedicated to directly profiteering off of young people without providing for their best interests as the NCAA.

But finally, the law might step in and stop this very powerful organization from taking complete advantage of their “student-athletes”….

double red triangle arrows Continue reading “Current Real Players Join The Lawsuit Against NCAA, They’ve Always Been In The Game”

* Apple has lost the e-books trial. Didn’t see that coming after Apple’s lawyers ripped the government’s witnesses. [New York Times]

* Vault released its Regional and Practice Area rankings. Yeah, we get it Wachtell, you’re awesome. [Vault]

* Who ever said losing at the Supreme Court was the end? Myriad is suing to enforce its patents in the BRCA1 and BRCA2 genes. [Patently O]

* Woman caught on camera planning her husband’s murder because it’s “easier than divorcing him.” Fair enough! [Lowering the Bar]

* Senators pledging to block court nominee “irrespective of [her] very fine professional qualifications.” Oh. [The Blog of the Legal Times]

* Some jurisdictional nerdiness regarding EPIC’s original filing seeking mandamus, prohibition, or certiorari from SCOTUS to review a FISA judge. [Lawfare]

Here are three true statements:

(1) Monopolies are generally illegal.
(2) Like baseball, patents make monopoly laws get a little funky.
(3) Courts really really really like to encourage settlements.

So, when two companies get together, and work out a settlement that makes a whole patent infringement lawsuit go away, and the only objection is that pesky Federal Trade Commission complaining that the settlement is anticompetitive, you can understand why a federal court could meditate on points (2) and (3) and dismiss that FTC complaint.

Yet, in FTC v. Actavis, the Supreme Court yesterday made it harder to settle some patent infringement suits, saying that sometimes a settlement of a lawsuit can be an antitrust problem.

How?

double red triangle arrows Continue reading “When Buying Off A Litigant Is Also Buying Off A Competitor”

Make it rain, law schools!

* With the Supreme Court’s term winding quickly to a close, it’s likely that conservative justices will write for the majority in some of the most closely watched and controversial cases. Uh oh. [Washington Post]

* Judge Edward Korman, the man who slapped around the FDA like it owed him money in a ruling over access to the morning-after pill, is actually a very soft-spoken, kind-hearted fellow. [New York Times]

* Wherein a Chicago Law professor and a Vedder Price partner argue that instead of cutting law school down to two years, financial aid should be given out like candy. Hey, whatever works. [Bloomberg]

* Brooklyn Law’s got a whole lot of drama these days: Their president is stepping down, their dean is apparently still a full-time partner at Patton Boggs, and a law professor is suing over alleged ABA violations. [New York Law Journal]

* That’s not the only New York-area law school awash in scandal. Chen Guangcheng has received the boot from NYU Law due to alleged harm done to the school’s relationship with China. [New York Times]

* When questioned about the need for his school, Indiana Tech’s dean says the lawyer oversupply and lack of jobs don’t matter. It’s about the quality of the graduate. Good luck with that! [Journal Gazette]

* This came too soon (that’s what she said). The alleged porn purveyors at Prenda Law will close up shop thanks to the costly litigation surrounding their copyright trolling. [Law & Disorder / Ars Technica]

* Fort Hood shooter Maj. Nidal Hassan won’t be allowed to use a “defense of others” strategy in his murder trial, because not only does it fail as a matter of law, but it’s also ridiculous. [Associated Press]

* Harvard Law grad Cate Edwards, daughter of disgraced pol John Edwards, took a dramatic step away from her father’s tabloid-esque pubic interests by opening her own public interest firm. [WJLA ABC 7]

* Judge Thomas Jackson, well-known for his antitrust ruling against Microsoft, RIP. [New York Times]

Apple’s had a rough go of it since the untimely death of Founder, CEO, and Inventor of the Tactical Turtleneck Steve Jobs. Not even Siri (especially not Siri) could answer where the awesome had gone.

The Onion captured the general sense of malaise emanating from Cupertino both here and here.

Tech observers might point to today’s unveiling of a new operating system that looks decidedly unterrible as the turning point for the company.

But the real turning point was probably when Apple got its own Clarence Darrow…

double red triangle arrows Continue reading “Hiring Biglaw Partner Is the First Thing Apple’s Done Right Since the iPad”

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