Morning Docket

Morning Docket: 08.21.24

* Trump judge strikes down FTC's ban on employer imposed noncompete agreements as a restriction on trade, calling it "arbitrary and capricious because it is unreasonably overbroad without a reasonable explanation" -- legalese for "vibes, man." [Financial Times] * When the FTC started probing the Kroger-Albertsons deal, Albertsons executives kept deleting messages. Why are lawyers letting clients do this to themselves? [Global Competition Review] * Anthropic slapped with copyright suit from authors. Unlike some past cases, they aren't claiming harm just because of the training, but because they say the company used illegally pirated copies of their works for the training. This is what happens when you forget all those Napster files on your drive. [Bloomberg Law News] * Amazon loses bid to escape over half billion in patent infringement damages. [Law360] * Bob Menendez would like a new trial. [NY Law Journal] * Lawsuit moves forward alleging that Wisconsin bar's mandatory membership makes its efforts to improve professional diversity a First Amendment violation even if fees for these initiatives are voluntary. [Reuters] * Interesting draft article: if Originalism was practically impossible in an era before the internet... how can it be the only acceptable method of interpretation? [SSRN]

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Non-compete Contract

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* Trump judge strikes down FTC’s ban on employer imposed noncompete agreements as a restriction on trade, calling it “arbitrary and capricious because it is unreasonably overbroad without a reasonable explanation” — legalese for “vibes, man.” [Financial Times]

* When the FTC started probing the Kroger-Albertsons deal, Albertsons executives kept deleting messages. Why are lawyers letting clients do this to themselves? [Global Competition Review]

* Anthropic slapped with copyright suit from authors. Unlike some past cases, they aren’t claiming harm just because of the training, but because they say the company used illegally pirated copies of their works for the training. This is what happens when you forget all those Napster files on your drive. [Bloomberg Law News]

* Amazon loses bid to escape over half billion in patent infringement damages. [Law360]

* Bob Menendez would like a new trial. [NY Law Journal]

* Lawsuit moves forward alleging that Wisconsin bar’s mandatory membership makes its efforts to improve professional diversity a First Amendment violation even if fees for these initiatives are voluntary. [Reuters]

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* Interesting draft article: if Originalism was practically impossible in an era before the internet… how can it be the only acceptable method of interpretation? [SSRN]

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