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Warringah aim high for season

SATURDAY marks the start of another Sydney Shires season – and Warringah are gunning for the top four.




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ASDI, Inc. v. Beard Research, Inc.

(Supreme Court of Delaware) - In an action for misappropriation of trade secrets, judgment for plaintiff is affirmed where a lawful termination of a contract is not fatal to a claim of tortious interference with contractual relations, because the focus of the claim is on the defendant's wrongful conduct that induces the termination of the contract, irrespective of whether the termination is lawful.




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E.J. Brooks Co. v. Cambridge Sec. Seals

(United States Second Circuit) - In a suit for misappropriation of trade secrets, unfair competition, and unjust enrichment under New York law, the district court's judgment is affirmed as it relates to defendant's liability but deferred pending the resolution of two questions certified to the New York Court of Appeals.




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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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In Re: Sealed Case

(United States DC Circuit) - Remanded. The Tax Court abused its discretion in denying a whistleblower award to an anonymous informant. Remanded to consider whether the appellant had made out a fact-specific basis for protecting his identity.




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Seaview Trading, LLC v. Commissioner of Internal Revenue

(United States Ninth Circuit) - In a petition challenging a notice of Final Partnership Administrative Adjustment, the Tax Court’s dismissal, for lack of jurisdiction, is affirmed where: 1) because plaintiff contended that his business entity was a small partnership not subject to the audit procedures under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), entities that are disregarded for federal tax purposes may nevertheless constitute pass-thru partners under 26 U.S.C. section 6231(a)(9), such that the small-partnership exception under section 6231 does not apply and the partnership is therefore subject to the TEFRA audit procedures; 2) resolution of this question iss inextricably intertwined with the contention that plaintiff had standing to file a petition for readjustment of partnership items on behalf of his purported small partnership; and 3) as to standing, because a party other than plaintiff's entity's tax matters partner filed a petition for readjustment of partnership items after the partnership had timely done the same, the Tax Court lacked jurisdiction under 26 U.S.C. section 6226.



  • Tax Law
  • Corporation & Enterprise Law

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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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UT Lighthouse Ministry v. Found. for Apologetic Info. and Research

(United States Tenth Circuit) - In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody.




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BSG Tech LLC v. BuySeasons, Inc

(United States Federal Circuit) - Affirmed. Plaintiff sued defendant for infringement of several patents related to systems and methods for indexing information stored in wide access databases. The district court agreed with the defendant and held all asserted claims invalid as ineligible under 35 U.S.C. section 101.




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Sean R. v. BMW of North America

(Court of Appeals of New York) - In an injury case, alleging that plaintiff suffered severe mental and physical disabilities from in utero exposure to unleaded gasoline vapor caused by a defective fuel hose, the trial court’s exclusion of plaintiff’s expert witnesses from testifying at trial is affirmed where the experts did not rely on generally accepted principles and methodologies to reach their conclusions.




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Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

(Supreme Court of California) - In a government contracts dispute alleging the tort of intentional interference with prospective economic advantage, the Court of Appeals judgment overturning the trial court's judgment sustaining defendants demurrer, is reversed where plaintiffs' allegations -- that they had submitted the second lowest bids on several contracts awarded to defendant, and that their bids would have been accepted but for defendant's wrongful conduct during the bidding process -- are insufficient because: 1) public works contracts are a unique species of commercial dealings; 2) in the contracts at issue here, the public entities retained broad discretion to reject all bids; 3) the bids were sealed, and there were no postsubmission negotiations; 4) in awarding the contracts, the public entities could give no preference to any bidder based on past dealings, and were required to accept the lowest responsible bid; and 5) in these highly regulated circumstances, plaintiffs had 'at most a hope for an economic relationship and a desire for future benefit.' Blank v. Kirwan (1985) 39 Cal.3d 311, 331.




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Charity Scam - YANG SEA FOOD LTD

A woman from Cambodia who is dying scam you.




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Job Offer Scam - Job Bank: Employment, Job Search, Careers, Computer Jobs

Cliff is offering you the job of shipping manager assistant. The problem is, there is no job, so there is no salary, only a scammer waiting to take your money. This is the worst type of scammer, taking money from unemployed people.




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Superior Seafoods, Inc. v. Tyson Foods, Inc.

(United States Eighth Circuit) - District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.




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YPF S.A. v. Apache Overseas, Inc.

(United States Fifth Circuit) - Upheld an arbitration award in a business dispute involving one company's sale of certain assets to another. Affirmed the district court's confirmation of the arbitration award.



  • M&A
  • Dispute Resolution & Arbitration

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Ananya Joins Forces With Sean Kingston For 'Day Goes By'

One Of The First Collaborations Between Major Artists From India And The West




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Cal. Public Records Research, Inc. v. County of Alameda

(California Court of Appeal) - Reversed. Plaintiff brought a petition for writ of mandate claiming the fee charged by Defendant, County of Alameda, for copies of official records violated Government Code section 27366. Trial court granted petition and issued a preliminary injunction against Defendant and awarded attorney fees to Plaintiff. Appeals court found that the County did not abuse its discretion in determining the fee it charged or that section 27366 was violated.




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01100110 Releases Debut EP “Seaside Hollows” And Launches Record Label “Elektroakustische Tanzmusik.”

The Techno Artist And DJ Known As 01100110 Has Released His Latest EP Album, “Seaside Hollows” On His New Record Label “Elektroakustische Tanzmusik.”





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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.




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YPF S.A. v. Apache Overseas, Inc.

(United States Fifth Circuit) - Upheld an arbitration award in a business dispute involving one company's sale of certain assets to another. Affirmed the district court's confirmation of the arbitration award.



  • M&A
  • Dispute Resolution & Arbitration

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PMC Monitors Make Waves At High Seas Studio In South Africa

The Private Facility Has Installed A Pair Of Result6 Compact Nearfield Monitors To Complement Its Existing Range Of Recording And Mixing Equipment.




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Exactuals Appoints Sean FitzGerald As Director, Software Engineering

FitzGerald Will Serve As Exactuals’ Tech Lead, Overseeing Updates And Expansions Of The Company’s Product Line, RAI.




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Seven Seas Music Places Three Tracks In Apple TV+ Series ‘Little America’ From Creators Of ‘The Big Sick’

Authentic International Music Chosen From Seven Seas Music Catalog To Highlight Immigrants Stories In New Heartwarming Show Out This Fall.




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Seven Seas Music Gives Genuine Russian Twist To Scene In The Goldfinch

Music Supervisor Susan Jacobs Turns To Seven Seas Music To Help Find Authentic International Music.




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DJ Central TV On Amazon Prime Seasons 1 And 2! Ordior Supporting The Rights!

You Read That Right, The Classic Hits From DJ Central Season 1 Are Now Available On Amazon Prime For Your Viewing Pleasure, And Season 6 Is In Production!




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Seven Seas Music Secures Sync Licensing Rights For Jazz Re-Recording Of Eric B. & Rakim’s Classic Hip-Hop Album ‘Follow The Leader’

Seven Seas Music Will Now Represent The Re-recorded 11-track Album For Placements In Film Trailers, Advertising, Video Games, And More.




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Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.






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Colorado Republican Chair Ken Buck in the hot seat after revelations over election results

Colorado Republican Chairman Ken Buck is facing criticism from within his own party after revelations that he pressured another party official to submit incorrect election results — and then spent party money to defend the move. At least two party executives say they were surprised to learn Buck — who’s also a U.S. representative — […]




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US v. Under Seal

(United States Fourth Circuit) - Affirmed. Pursuant to a plea agreement, defendant pleaded guilty to conspiracy to commit access-device fraud and aggravated identity theft. The district court imposed a sentence of 49 months, but the defendant appealed the sentencing arguing that the court erred in allowing the government to decline to seek sentence reduction. The Fourth Circuit found no error.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Affirmed. Various Connecticut Liqour Control Act and related regulations were hybrid restraints on trade but the plaintiff failed to plead facts that they constitute per se violations of the Sherman Act.




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Chamber of Commerce of the United States of America v. City of Seattle

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.




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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.



  • Antitrust & Trade Regulation

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Make Health, Not War: In Search of Long-Term Survival

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival




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Conversations about Innovations in Teaching, Research and Technology

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.




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Kickin’ It with Kiz Podcast: Could baseball in a bubble really save the Rockies’ season?

Although the deadly coronavirus has wreaked havoc with all aspects of American life, there are people who optimistically believe there can be baseball in 2020, if all major-league teams play in a bubble down in Arizona.




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NASCAR to resume season May 17 with seven races in 10 days

NASCAR announces season will resume May 17 with seven races in 10 days, including four in elite Cup Series.




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Officials say former CU Boulder scientist did not separate public research from private company

Detlev Helmig most recently attracted attention for a paper that stated emissions from oil and gas production on the Front Range are largely underestimated.




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Nuggets and Avalanche charging 2020-21 season-ticket payments during pandemic

Avalanche and Nuggets season-ticket holders have continued to be charged for future seats — despite widespread economic uncertainty during the coronavirus pandemic — with a lack of clear guidance provided by the Kroenke-owned sports teams.





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Broncos to open season vs. Tennessee on “Monday Night Football”

For the third time in four years, the Broncos will open their season on “Monday Night Football.”